Being charged with resisting arrest is not a matter that should be taken lightly. Unfortunately, many people are aware of the circumstances that warrant this offense, leaving them susceptible to charges. As such, understanding the elements of this crime and the penalties you can incur if charged is critical. The following blog explores what you should know about these matters, including the importance of working with an experienced Sacramento misdemeanor defense lawyer to explore potential defenses for your circumstances.
What Constitutes Resisting Arrest?
In general, you can be charged with resisting arrest any time you intentionally attempt to delay, obstruct, or prevent a police officer from performing their lawful duties, which essentially means any aspect of their job. However, this offense is most commonly charged as a result of an alleged criminal offender attempting to prevent the police from placing them in custody.
To be charged with this offense, the following elements must be present:
- The officer was attempting to perform their lawful duties
- You intentionally attempted to delay, prevent, or obstruct the officer from performing these duties
- When attempting to prevent the officer, you were aware of their legal right to perform said duties
It’s important to understand that interactions with the police are not the only circumstances in which you can be charged with resisting arrest. If the same elements are present when interacting with any peace officer, including court officers, federal agents, or state troopers, as well as emergency medical technicians (EMTs), you can face charges for resisting arrest.
As mentioned, resisting arrest is most commonly used in circumstances where the police attempt to take someone into custody. Generally, any physical act, like trying to run away or fighting with the officer, can constitute this offense. Verbal objections do not warrant a resisting arrest charge.
What Are the Penalties for This Offense?
In California, resisting arrest is classified as a misdemeanor carrying up to one year in jail. However, this is often in addition to any sentences imposed if convicted of the offense for which you were arrested. In addition, you can incur fines of up to $1,000.
You should note that generally, the District Attorney will not be involved in prosecuting these cases. However, if you are a repeated offender, meaning you have committed this crime more than once in the past two years, you attacked the officer, or the charge is in connection with another offense, the D.A.’s office can become involved.
If you are charged, it’s important to understand your legal options in these matters. Generally, you’ll find that one of the most common defenses you may be able to utilize is showing that the arrest for which you were allegedly resisting was an infringement of your rights. In order for the arrest to be lawful, the police must have a warrant or probable cause. If neither are present, the arrest is unlawful and therefore you may be able to have the charges against you dropped. Another common defense is proving you did not willfully attempt to resist the arrest. You may be able to prove the alleged reaction was out of your control, such as tripping or experiencing a medical episode.
As you can see, resisting arrest can have serious consequences. That is why it’s in your best interest to connect with an experienced attorney to represent you during these difficult times. At the Law Offices of Dale R. Gomes, our dedicated criminal defense team will explore all avenues to help you in the fight for justice. Contact us today to learn more.
