Understanding Resisting Arrest: Know Your Rights and Responsibilities

Resisting arrest is a serious charge that can complicate an already stressful situation. With law enforcement's zero-tolerance approach, understanding how to conduct oneself during an arrest is crucial. This post will break down what resisting arrest means, why it’s easy to unintentionally provoke such a charge, and the best actions to take if you find yourself in this situation.

What Constitutes Resisting Arrest?

When we talk about resisting arrest, we are referring to any action taken to prevent law enforcement from conducting an arrest. This could range from physically pulling away to verbally disputing the legality of the arrest. Importantly, it's not just about the intent to flee or fight. Simply failing to surrender calmly can result in a charge of resisting arrest.

Police vehicles are a common sight during arrests and law enforcement activities.

In many jurisdictions, resisting arrest can be classified as a misdemeanor or even a felony, depending on the circumstances. As mentioned previously, actions as simple as turning your back or arguing with an officer can lead to this additional charge. This underscores the importance of immediate compliance when you're told you're under arrest.

Why People are Charged with Resisting Arrest

It is easy to see how someone might end up with this charge. Imagine a situation where a person is approached by officers in a tense environment. They might feel a surge of panic or confusion, which can translate into instinctual reactions like moving away or arguing.

Statistics show that charges of resisting arrest have surged in recent years, often stemming from misunderstanding and miscommunication. For example, studies from law enforcement agencies indicate that a significant percentage of arrests involve some form of resistance, even if unintentional.

Officer handcuffing a potential suspect

Today more than ever it is incredibly easy for someone who gets arrested to run afoul of the charge of Resisting Arrest. When someone gets arrested and they do not immediately put their hands behind there back or if they turn away for whatever reason (because they are in say a state of shock) most likely they are also going to get an additional charge of Resisting Arrest. It does not take much today, Law Enforcement has no tolerance for anything other than a complete surrender. So when you are arrested (you are told you are under arrest) do not try to argue the point. Be compliant and put your hands behind your back immediately! Do not struggle, do not turn away, do not argue and do not try to walk or run away. All these actions could result in you being additionally charged with Resisting Arrest.

The Potential Consequences of Resisting Arrest

The legal consequences of a resisting arrest charge can be severe. In some states, it can lead to up to three years of incarceration and fines up to $5,000 or both. This does not include any other charges that might arise from the original arrest. The cumulative effect can drastically impact your life, job, and future opportunities.

Understanding the emotional weight of these charges is equally important. Once you enter the criminal justice system, it can be a long, drawn-out process that affects every aspect of your life. The stress, anxiety, and stigma of being labeled as someone who resisted arrest can have long-lasting effects.

Compliance is Key: How to Handle an Arrest

If you find yourself being arrested, the imperative is clear: be polite and cooperative. Here are actionable steps to follow during an arrest:

1. Stay Calm: Panic can lead to poor decisions. Take deep breaths and focus.

2. Do Not Argue: Arguing about the legitimacy of the arrest can provoke additional charges.

3. Follow Instructions: Place your hands behind your back as soon as requested.

4. Avoid Sudden Movements: Even a slight turn could be interpreted as an attempt to resist.

5. Remain Silent: You have the right to remain silent. Exercise this right until you have legal representation.

   
   

Remember, your actions during this moment can determine the severity of the situation. Continuing to resist, even verbally, can escalate the incident.

The presence of legal support can make a crucial difference following an arrest.

If you find yourself facing a resisting arrest charge, do not hesitate to contact a legal professional who can guide you through the process. You should seek assistance immediately to protect your rights and understand the next steps in your situation.

If You Are Charged with Resisting Arrest

Being charged with resisting arrest can feel daunting, but support and guidance are available. It's essential to reach out for legal assistance as soon as possible.

With over 32 years of criminal defense experience, I can help you navigate through this trying time. Call me, Frank Benvenuto at 410-641-2999 or 443-783-2451, and let’s discuss your case. You don’t have to go through this alone; help is within reach.

In an era where misunderstandings during an arrest can lead to unwanted charges, knowing how to conduct yourself is crucial. Resisting arrest is not something to take lightly. Knowledge and preparedness can prevent a situation from escalating and adding further charges to your circumstances. Remember: be compliant, be cooperative, and know your rights.