Contrary to popular belief, resisting arrest does not require physical force or violence. Instead, the crime punishes someone who obstructs, delays, interferes, or passively resists an officer or EMT from performing their official duties. The following are examples of resisting arrest:
Preventing a law enforcement officer from performing his or her duty when they are trying to make an arrest can result in criminal charges. Depending on the circumstances of the case, a person may be charged with evading arrest or resisting arrest. Although these charges share some similarities, they are usually applied in different situations. A closer examination will point out the differences and similarities between these two criminal offenses.
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These two criminal offenses are somewhat similar and they may both occur in one incident. For example, a person who flees from the police during an arrest attempt and then fights against being handcuffed may be charged with both resisting arrest and evading arrest.
The primary difference is the way in which a person behaves. Refusing to cooperate with officers while remaining at the scene is an example of resisting arrest while actually leaving the scene is classified as evasion.
Anyone who has been charged with resisting arrest or evading arrest can consult with a lawyer to discuss defense options. With the right kind of evidence, it may be possible to have resisting and evasion charges dropped or reduced in court.
Resisting arrest will be a Class A Misdemeanor when no aggravating factors are present. If you are convicted of misdemeanor resisting arrest you will face a maximum penalty of 12 months in a DuPage County jail and $2,500 in fines.
Resisting arrest will be a Class 4 Felony when your behavior causes a police officer, firefighter, or correctional officer to suffer an injury. If you are convicted of felony resisting arrest you will face a maximum penalty of 1-3 years in an Illinois state prison and $25,000 in fines.
Resisting arrest is a serious crime. If you have been accused of resisting arrest it is important to fight back against any criminal charges. Hiring an attorney to defend you will increase your chances of securing a positive outcome in your criminal case. Contact the Kostopoulos Law Group today to find out how we can help you minimize the consequences of your arrest. We offer a free consultation, so do not hesitate to call us today.
9. Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.
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A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be pun- ished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions. (Non-citizens should see Section IV for more information on this topic.)
(D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.
Sherman was charged with driving under the influence, reckless endangerment of roadway workers, criminal trespass in the second degree (domestic violence designation), resisting arrest and malicious mischief in the third degree (domestic violence designation). He pled not guilty to all five charges later Friday.
On Wednesday morning, Sherman was arrested near Seattle on and subsequently booked for resisting arrest, malicious mischief and burglary domestic violence. He was also being investigated by the Washington State Patrol in an alleged hit-and-run and DUI while driving through a closed construction zone.
However, resisting arrest usually only compounds the problem as it adds yet another criminal charge to your record. And in some cases, resisting arrest can result in allegations that you assaulted an officer.
The Virginia Code Section 18.2-460 defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest. The statute outlines three examples that constitute resisting arrest.
In many cases, DUI and resisting arrest charges can arise out of the same interaction. For example, if a law enforcement officer advises you that you are under arrest for DUI and you attempt to drive away, you could receive resisting arrest charges.
If you know you are being charged with a crime, it is a waste of your time to run away from the police. It is best to deal with the charges head-on. By resisting arrest or running from the police, you are only causing more problems for yourself. Not only is resisting arrest its own crime, but it can also be used as evidence that you knew you were guilty of the underlying offense. Fight your case, not the police officer who is arresting you.
FAIRFAX COUNTY, Va. - A Virginia man who police said had thousands of fentanyl pills was freed from custody one day after his arrest in Fairfax County, despite being on supervised release from another drug-trafficking case at the time. 2ff7e9595c
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