When you are being arrested, it is natural for you to feel a swarm of emotions, such as confusion, fear and anger. However, you must be careful about how you act during an arrest to avoid an additional charge of resisting arrest.
You may assume resisting arrest involves using physical force to try to get away from a police officer. But you could also be charged with resisting arrest for making certain statements to the officer, running away or any action that leads an officer to believe you are trying to get out of an arrest.
For example, if an officer tries to put handcuffs around you and tell you that you are under arrest and you instinctively move your arms away and say, “no I’m not under arrest,” you could be charged with resisting.
What is resisting arrest?
Georgia law defines resisting arrest as knowingly trying to obstruct or hinder the actions of a police officer while they are legally fulfilling their duties. Resisting arrest is typically a misdemeanor with potential penalties including a fine of up to $1,000 and jail time of up to one year.
A resisting arrest charge can become a felony if you use violence or your actions pose a substantial risk of impairment to a physical condition. The penalties for a felony charge of resisting arrest are much higher and include a mandatory minimum fine of $300 and jail sentence of one year.
Another assumption is that you can only be charged with resisting arrest against a police officer. However, a resisting arrest charge can also occur with probation officers, court officials or anyone acting in a law enforcement capacity.
Why you should take a resisting arrest charge seriously
Resisting arrest is a crime on its own. This means if you are charged with resisting arrest, you end up with two separate criminal charges: the original charge you were arrested for and resisting arrest.
Additionally, if your resistance involved an assault or battery of a police officer, you could now face a third charge. Police officers are generally authorized to use whatever force is necessary to overpower your resistance and arrest you.
Since you are already facing an initial criminal charge, any additional charges only enhance any penalties you face. This is why it is important to build a strong defense against a resisting arrest charge.
Potential defenses against resisting arrest
A solid defense can result in reduced or dropped charges for resisting arrest. Self-defense could be a potential defense if police officers used unreasonable or excessive force and this caused you to naturally react with resistance out of fear.
If the arrest was on video, a close examination of the video can reveal if the officer’s actions contained threats, aggression or unreasonable force.
The arrest itself should also be scrutinized. An unlawful arrest can be a defense to a charge of resisting arrest. If you knew you were being arrested without probable cause and the arrest later proves to be unlawful, you could argue that your resisting arrest charge should be dropped.
A resisting arrest charge is more serious than you think and can result in higher overall penalties. Examining the situation and exploring your options is necessary to improve your chance of a successful outcome.