If a police officer is attempting to perform their job and you get in the way of that, you could be charged with a crime known as resisting arrest. You could be considered resisting arrest if you run away or hide from an officer, give false identification, or threaten an officer in any way. However, just as with many other crimes, you will find that there are particular defenses that you may be able to use in your case.
Viable Defenses for Resisting Arrest
Unlawful Arrest: Was an officer trying to arrest you unlawfully, otherwise known as against the law? Then your resisting was warranted. Let’s assume that a police officer forced his way into your home to conduct a search – in this case, resisting arrest is warranted.
Self-Defense: If an officer is using too much force against you, then your arrest was unlawful. However, if you were resisting arrest in the first place and this is why the officer used force, he has right to use force to restrain you or keep you from running away. You must act reasonably in these situations.
False Allegations: What happens if you did nothing to provoke an arrest? What if you simply made a sarcastic comment and the officer attacked you to arrest you? In these cases, you can use this defense – but it typically only works if you have witnesses.
Misidentification of Officer: Maybe you weren’t sure if the person was an officer or not or felt that you were in danger. If an undercover cop does not identify themselves, you have every right to resist.
You must always assess the situation and act carefully in these situations, as they can become violent quickly. The last thing you want is to be charged with assaulting an officer, so remember your rights in these circumstances. Call us today if you believe you were arrested unjustly. We will help you with your case.