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Resisting arrest charges in Gilbert occur when law enforcement alleges that an individual made some attempt to prevent them from effectuating an arrest upon them. We have seen cases where resisting arrest charges could have been filed but were not, and we have also seen cases where resisting arrest charges were filed but should not have been. It is largely up to the arresting officer to decide whether he/she think that charges should be filed. In any case, it is important you seek out guidance and assistance from a criminal defense lawyer familiar with these types of cases. Contact us at Rosenstein Law Group online here or by calling (480) 248-7666 to schedule your free consultation with one of our skilled criminal attorneys today.
Resisting arrest charges in Gilbert generally occur when law enforcement begins to attempt to apprehend or otherwise indicates that they will be placing an individual under arrest and that individual either:
As mentioned before, it really comes down to the officer’s perception of the incident, so this list is not exhaustive. It is very important to understand that a person is not justified in resisting arrest if they are innocent of the crime they are being alleged to have committed. This is a misconception and doing this will lead to further criminal charges against you.
Generally speaking, resisting arrest in Gilbert is a class 6 felony. However, if the crime is charged as “passive resisting arrest” then it will be charged as a class 1 misdemeanor. Again, whether your charge is a class 6 felony, or a class 1 misdemeanor will largely depend on the officer’s subjective state of mind
Defending a resisting arrest charge can be fairly easy given that the crime is dependent on the state of mind of the individual being charged. For example, if a plain-clothed officer attempts to make an arrest and does not identify themselves as a peace officer, the charge of resisting arrest is not appropriate. Each case should be closely evaluated and combed through for errors made on the part of law enforcement.
There are many ways to try to mitigate charges to a lesser crime or launch a full-on defense to the charges and take the prosecution to task during a trial. An experienced and skilled defense attorney will be helpful in a favorable resolution to your case. If you would like to discuss your case with professional and dedicated defense attorneys, please call us at (480) 248-7666 to schedule a free consultation.