If you are thinking of trying to avoid being arrested by a police officer and take matters into your own hands, you should think again. You may be charged with resisting an arrest, and the consequences of your actions may not be pretty.
When you are being arrested for a violation, it is always best to cooporate with the arresting officer, even when you feel you are innocent, and not try to fight or resist the officer. You will only get yourself in further trouble. When you are arrested for any violation, you should contact a reliable criminal defense attorney who will fight your legal battles in court. Let your attorney do the fighting, and you are more likely to win your case, especially if you have been wrongly accused of a crime you did not commit.
Types of Charges for Resisting Arrest
In the Commonwealth, an offender can be charged with either a misdemeanor resisting arrest or felony resisting arrest charge. One is more serious than the other. A misdemeanor resisting arrest charge may include trying to escape or flee from an arresting police officer, challenging the authority of the police officer, or using profanity in your conversation with law enforcement.
On the other hand, a felony resisting police charge involves the use of threat or violence against a police officer during the arrest encounter. A felony resisting police charge puts the life of the police officer in harm or jeopardy.
Factors for a Resisting Arrest Conviction
To be charged with resisting arrest, the prosecution must prove beyond a reasonable doubt that the following happened:
The defendant prevented or attempted to prevent the police officer from completing the arrest.
The police officer was conducting the arrest while acting under their official authority and duty.
The defendant's actions of resistance involved the use of force, threat, violence or physical force against law enforcement.
The defendant's resistance created a risk of harm or bodily injury to the officer.
The defendant willfully carried out these actions to avoid arrest.
Legal Procedures During an Arrest
When an individual is arrested, the police officer must follow a variety of legal procedures during and after the arrest. During an arrest, you become a suspect, taken into custody, and are not allowed to walk away from the arresting police officer. When you are stopped by law enforcement, they may frisk you with a pat-down of your outer garments to see if you are carrying any dangerous weapons. After your arrest, they will conduct a comprehensive search of your personage. Law enforcement can confiscate your personal money or property. Once you are arrested, you will be booked. At this time, the police officer will ask for personal information, such as your address and birthday. You will be fingerprinted and photographed.
If you are charged with resisting an arrest by a police officer, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.