Arrested for Resisting Arrest: Understanding the Legal Implications

A felony charge carries much more severe consequences. Class 6 felonies for resisting arrest could result in up to 18 months in state prison. Fines for felonies often exceed $5,000.

Penalties for resisting arrest vary by state law. In New York and California, resisting arrest is a misdemeanor under their penal codes, usually resulting in jail time and fines. California Penal Code Section 148(a)(1)specifies penalties for resisting or obstructing an officer, which can include up to one year in county jail.

In Georgia, the penalties for resisting arrest can vary based on the severity of the resistance and your criminal history. According to Georgia Code § 16-10-24, the potential penalties include:

• Misdemeanor: If you are convicted of misdemeanor resisting arrest, you can face up to 12 months in jail and/or fines up to $1,000.

• Felony: If the resistance involves physical force or threats of violence, it can be classified as a felony. In this case, you could face one to five years in prison.

Lawful arrest resistance charges often accompany other charges, compounding the penalties. For instance, an initial obstruction of justice charge may be added if the resistance interferes with the official duty of the law enforcement officers.

Common Defenses Against Resisting Arrest Charges

Self-Defense and Unlawful Arrest

One common defense is claiming self-defense, especially if the peace officer used excessive force. If the officer’s actions go beyond what is reasonable, the person being arrested has the right to protect themselves. However, any force used should stop once the officer stops the excessive behavior.

Lack of Intent

Arguing that there was no intention to resist can also be a strong defense. Sometimes, a person’s actions might be misinterpreted as resistance. For example, stepping back out of confusion should not be seen as resisting arrest.

Misunderstanding or Confusion

An arrest situation can often be chaotic, leading to misunderstandings. A person might resist arrest unintentionally, such as trying to explain something or misunderstanding instructions in a high-stress situation. These actions shouldn’t be considered criminal resistance.

Unlawful Arrest

If the arrest itself was not legally authorized, defending against resisting arrest charges becomes simpler. Proving that the arrest lacked legal basis can invalidate the resisting charge.

False Arrest

When a person is falsely accused and arrested, the charges for resisting arrest from that incident can be challenged. Showing that the arrest was based on false information can be a strong defense.

Excessive Force

If the arresting officer used a deadly weapon or caused bodily harm without justification, it can be argued that resistance was necessary.

Defense Attorney’s Role

An experienced defense attorney, like those at Farnsworth & Murphy LLC, can analyze each case’s specifics. We can provide legal strategies to show that the actions were justified or misunderstood.