No one wants to be charged with any type of crime but often times at Chambers Law Firm we see overzealous prosecutors making things worse by tacking on additional charges. Resisting arrest is a good example and many people don’t know much about it. Read on to learn more or call us right away at 714-760-4088 if you’re facing this or other criminal charges.
Misdemeanor resisting arrest
Resisting arrest is what’s known as a wobbler offense, which means that the prosecutor can charge it either as a felony or a misdemeanor. When charged as misdemeanor, it involves obstructing, resisting, or delaying a police officer who is performing their duties. In some cases, it may apply to other emergency personnel like firefighters or paramedics too. The maximum consequence of a conviction is a year in county jail and fines of up to $1,000.
Most of the time, a misdemeanor resisting arrest charge comes when a person isn’t doing what the police tell them to, isn’t cooperating with the police, or is physically resisting arrest. Physically resisting arrest can involve things like going limp, or running or walking away from the arresting officer. Note that resisting arrest can apply to both a police officer arresting an individual or simply detaining them with probable cause.
Most of the time, when we see these types of misdemeanor resisting arrest charges, they involve people who are intoxicated, people who have active warrants out, or people who are violating the terms of their probation. A misdemeanor charge of resisting arrest is a non-violent offense.
Felony resisting arrest
In most cases, a person will be charged with felony resisting arrest if they either became violent or used the threat of violence to prevent a police officer from being able to perform their typical duties. The maximum consequence is up to three years in prison along with fines of up to $10,000. In most cases, this charge will involve physically fighting the officer – not just being uncooperative.
There are defense options
If you’re charged with resisting offense, you should know that there are defense options. The right way to handle your case will vary based on the particulars, but some options including showing that the police officer wasn’t lawful in the duties they were carrying out, or that the police used excessive force.
Call for a criminal defense attorney as soon as possible
Whether you’re charged with a misdemeanor or a felony, it’s important to call a criminal defense attorney as soon as possible. We can begin work on your case right away and may be able to convince the prosecutor to drop the charges or not file them if you’re still pre-charges. It’s also true that the sooner you call us, the more you’ll remember about the particulars of your case. Call Chambers Law Firm at 714-760-4088 right now for a free case evaluation.
