What to Know About Resisting Arrest in Pennsylvania

Being arrested is often a heated and confusing experience. Whether or not you know you have committed a crime, you should comply with the arresting police officer to avoid being charged with resisting arrest. If you resist arrest, you can be further penalized with an array of fines, probation, and prison sentences. 

It is better to be arrested and discuss your charges with a Philadelphia resisting arrest defense lawyer. However, if you are being charged with resisting arrest, retaining a lawyer is even more important. A lawyer will fight in your favor to reduce your charges or have them dismissed. 

What is Resisting Arrest in Pennsylvania?

In Pennsylvania, resisting arrest is a criminal offense that involves intentionally obstructing, resisting, or opposing a law enforcement officer who is attempting to make a lawful arrest. This can include physical acts such as struggling against an officer, fleeing from an officer, or using force or threats of force to prevent an officer from making an arrest. Even verbal resistance can be considered resisting arrest in Pennsylvania.

It is important to note that resisting arrest is a separate offense from any underlying criminal charges that may have led to the arrest. 

Is Resisting Arrest Ever Legal in Pennsylvania?

Resisting arrest is not legal in Pennsylvania under any circumstances. Regardless of the individual's perception of the arrest's legitimacy or any other factors, it is always a criminal offense to obstruct, resist, or oppose a law enforcement officer who is making a lawful arrest. 

Even if an individual believes that they are being wrongfully arrested, the appropriate course of action is to comply with the officer's commands and address any issues or disputes through legal channels with the assistance of a Philadelphia robbery defense lawyer. It is better to comply with arrest and argue that the arrest was unlawful in court, than to be hit with a resisting arrest charge. Refusing to cooperate with an officer during an arrest can result in additional charges and potentially severe penalties, including fines, probation, and imprisonment.

Is it Police Brutality if I am Injured While Resisting Arrest?

Not necessarily. While being injured during an arrest can be a traumatic experience, the legality of the police officer's actions will depend on the circumstances surrounding the arrest. In some cases, police officers may use necessary and reasonable force to subdue a suspect who is resisting arrest or poses a threat to themselves or others. However, excessive force or the use of unnecessary force can be considered police brutality, which is a violation of an individual's civil rights. It is best to discuss your arrest circumstances with a Philadelphia drug crime defense lawyer.

What are the Penalties in Pennsylvania for Resisting Arrest?

In Pennsylvania, resisting arrest is a misdemeanor offense of the second degree, which can result in serious penalties. If an individual is convicted of resisting arrest, they may face fines of up to $5,000 and a potential prison sentence of up to two years. Additionally, a conviction for resisting arrest can result in a criminal record, which can have negative consequences for an individual's future employment and housing opportunities.

The severity of the penalties for resisting arrest may depend on the specific circumstances surrounding the incident. For example, if an individual uses force or violence against a law enforcement officer, the penalties may be more severe. Additionally, if the resisting arrest occurs in conjunction with other criminal charges, such as assault or drug possession, the penalties for resisting arrest may be compounded.

It is important to note that resisting arrest is a separate offense from any underlying criminal charges that may have led to the arrest. As such, even if an individual believes that they are being wrongfully arrested, they should comply with the officer's commands and address any disputes through with the assistance of a Philadelphia drugged driving defense lawyer rather than resisting the arrest.

What Has to be Proven to Charge You With Resisting Arrest in Pennsylvania?

To charge an individual with resisting arrest, the prosecution must prove beyond a reasonable doubt that the individual intentionally obstructed, resisted, or opposed a law enforcement officer who was making a lawful arrest. This can include physical acts such as struggling against an officer, fleeing from an officer, or using force or threats of force to prevent an officer from making an arrest. The prosecution must also prove that the officer was acting lawfully at the time of the arrest. If the prosecution cannot establish these elements, the charges for resisting arrest may be dropped or dismissed. Your Philadelphia driving without a license defense lawyer will argue that these elements are not sufficiently proven, if they are applicable to your case.

Possible Defenses to Resisting Arrest in Pennsylvania

Possible defenses to resisting arrest may include:

• Arguing that the arresting officer did not have probable cause to make the arrest or used excessive force during the arrest. 
• If an individual was acting in self-defense or in defense of another person during the arrest, they may be able to argue that their actions were necessary and justified. 
• If the individual's actions did not rise to the level of obstruction or resistance required for a conviction or that the individual was not aware that the person attempting to make the arrest was a law enforcement officer. 

It is important to consult with a qualified Philadelphia conspiracy defense attorney to determine the best possible defenses in your particular case. Contacting a lawyer as soon as your arrest is made is essential to reaching the best possible outcome of your case.