What Actions Constitute Resisting Arrest?

What Actions Constitute Resisting Arrest?

Posted By Hanson, Gorian, Bradford & Hanich || 14-Feb-2019

Being arrested by armed officers is one of the most terrifying events a person can experience. Many people, guilty and innocent, often struggle to control their natural flight or fight responses. Unfortunately, in this situation, both fighting and fleeing are considered “resisting arrest.”

As the term implies, resisting arrest, or “obstruction,” refers to any behaviors or actions that may complicate an investigation or an arrest. These laws exist to protect law enforcement officials and civilians from being harmed by potentially dangerous offenders. As such, even if a suspect isn’t guilty of the crime they’re being arrested for, they can still face misdemeanor or felony charges for attempting to evade capture or impeding an arrest.

The following behaviors and actions constitute resisting arrest:

  • Responding slowly or reluctantly to an officer’s orders
  • Going limp to complicate the arrest
  • Preventing or delaying an officer from arresting someone else
  • Providing false information to law enforcement officials
  • Using force to avoid being restrained
  • Fleeing from officers to avoid arrest
  • Threatening an officer with physical harm

While this is typically a misdemeanor offense, resisting arrest can turn into a felony crime if the offender harms a cop or a bystander. An offender can also face felony charges if they have previous convictions for resisting arrests on their criminal record.

The penalties for resisting arrest include:

  • Incarceration
  • Fines
  • Probation
  • Mandatory community service

If you’re facing criminal charges for resisting arrest, contact the Temecula criminal defense lawyers at Hanson, Gorian, Bradford & Hanich. We can investigate your case, explore your defense options, and develop a customized litigation strategy that reflects your legal objectives.

Rely on Trial-Tested Legal Representation

A conviction can impact your career, your personal life, and even your ability to purchase or rent property. You shouldn’t have to suffer the repercussions of this crime, especially if your reaction the arrest was accidental or incidental. The Temecula criminal defense attorneys at Hanson, Gorian, Bradford & Hanich can guide you through each step of this complex legal process. With our help, you can protect your criminal record by pursuing a case dismissal or acquittal.

Contact Hanson, Gorian, Bradford & Hanich at (951) 687-6003 to schedule a free consultation

Categories: Criminal Defense