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How A Resisting Arrest Charge Can Be Challenged

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Resisting arrest is a crime you might be charged with if you interfere with the arrest of yourself or another individual. After this occurs, you might face potential jail time. To prevent this from happening, you'll want to contact a criminal defense lawyer as soon as possible.

How Resisting Arrest Can Occur

Resisting arrest often occurs when you engage in physical actions that prevent a police officer from carrying out the arrest. This could involve fighting with the officer but could also simply involve refusing to allow your hands to be placed in handcuffs or attempting to run away. Also, threatening the officer could be considered a form of resisting arrest. 

Even if you are not the individual being arrested, you could still be charged with resisting arrest. For example, if you provide false information to an officer to prevent them from arresting a suspect, this would be considered a crime. 

Best Ways to Get a Resisting Arrest Charge Dropped

It is always a good idea to comply with the police even if you believe the arrest was not justified. However, you will be able to have your charges dropped if your criminal defense lawyer is able to make an effective case.

When the officer uses excessive force, the arrest can become unlawful. However, if the officer used force in response to your force, you will not be able to win a self-defense case against the officer. Speak with your attorney about whether the bodycam footage will allow you to make a case that you were the victim of excessive force. Also, the officer's testimony might contradict the video evidence.

If the arrest was not lawful or if you are the victim of false allegations, you may not be charged with resisting arrest. If the arrest was not lawful, this means that the officer did not have probable cause. If you are falsely accused of resisting arrest, you may argue that your actions were not actually something that would constitute resisting arrest.

Why You Need a Criminal Lawyer

To win your case, you may need further research. For example, if the officer has a history of misconduct, this might affect your case. Those who have complained about the officer in the past might be called upon to be witnesses.

While resisting arrest is a misdemeanor, you may face up to a year in prison and a fine. You will also want the charges dropped to avoid a criminal record.