Resisting Arrest Charges – El Mirage
How Resisting Arrest in El Mirage is Charged
Resisting Arrest can be charged if a person intentionally prevents or attempts to prevent a police officer, acting under their official authority, from effecting an arrest under of the following circumstances:
- By using or threatening to use physical force against the police officer or another. (Class 6 felony)
- By using any other means creating a substantial risk of causing physical injury to the police officer or another. (Class 6 felony)
- By engaging in passive resistance, which means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest. (Class 1 misdemeanor)
As you can see, resisting arrest includes not only using physical force to attempt to prevent an arrest, but also passive resistance. If a police officer tells you to turn around because you are under arrest, and you fail to do so in a timely manner, you may be charged with Resisting Arrest. Another common scenario occurs when a person instinctively pulls their hand away from an officer when they see the officer reaching for his hand cuffs. In these scenarios, you can be charged with a misdemeanor for passively resisting the officer’s attempt to place you under arrest.
What Are The Penalties for Resisting Arrest?
If you are facing Resisting Arrest charged as a class 6 felony, you may receive the following penalties:
- 4 months to 2 years in prison.
- Up to three years of probation (which may include up to 1 year in jail).
- A fine of up to $150,000 plus surcharges.
If you are facing Resisting Arrest charged as a class 1 misdemeanor, you may receive the following penalties:
- Up to 6 months in jail.
- Up to 3 years of probation.
- A $2,500 fine.
Defending Against Resisting Arrest Charges
If you have been charged with Resisting Arrest, know that many good people find themselves in this unfortunate situation. You may be like the numerous people that are flat out confused as to how they could have been charged with Resisting Arrest given the conduct of the police officers in their case. Many times, the police report does not match up to what you experienced on the date of your arrest. If you feel that the police treated you unfairly, you need an attorney that will fight to ensure you receive justice. At the Rosenstein Law Group, we attack Resisting Arrest cases from every angle. We don’t stop at reviewing the police reports, because we know that those reports will not tell your side of the story. We conduct our own independent investigation by interviewing you and other potential witnesses, analyzing police reports and reviewing camera footage from body cameras, dash cams, and security cameras. We then interview the police officers involved in the case to find and verify inconsistencies between all the available evidence.
Get Help with Your El Mirage Resisting Arrest Charges Today
We use this comprehensive approach to build the best possible defense for your case. We strive to obtain the best possible results for our clients, including reduced and dismissed charges. Contact the Rosenstein Law Group at 480-248-7666 or online to schedule a free initial consultation and case evaluation for your Resisting Arrest case.
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