A resisting arrest charge can usually stem from something much less serious—like a routine traffic check or other interaction with the law enforcement. It’s charged against someone who disrupts the legal detaining of suspects. It can result in even more charges since the circumstances can lead you to become confrontational or non-compliant, making it harder to dispute.
This blog briefs you on what resisting arrest charges are and how to dispute them.
What Can Be Defined As Resisting Arrest?
Physical force or evasion alone aren’t the only grounds for resisting arrest. Sometimes non-physical interference can be counted too. Questioning an officer’s authority or providing false information can slow down an investigation and delay an arrest.
Moreover, avoiding parking or speeding tickets by refusing to take them can also escalate into a resisting arrest charge, even if the police wasn’t initially going to take you into custody.
In Maryland, a person can commit a second-degree misdemeanor if a person puts a public servant under risk or substantial bodily injury to prevent them from carrying out a lawful arrest.
Examples include—kicking or attempting to kick officers as they try to arrest you, pushing the officer off when they try to handcuff you, or swinging your fists at the officer as they try to arrest you. If you use physical force, or even threaten to use it against an officer, you might also get charged with committing aggravated assault.
If you can show the judge that the arresting officer used excessive force, you can get the resisting arrest charges dropped. You’d have to be careful with the timing and deliverance of this defense—contact a professional criminal law attorney in advance.
You can also plead that you were using self-defense against unreasonable force since peace officers aren’t allowed to be excessively forceful while making an arrest. Using or threatening to use physical force against such force is a defensive action, regardless of the legality of the original arrest.
Your attorney can investigate security footage and get a hold of potential eyewitnesses to prove that you only acted out of fear of the officer’s actions. They can also consider the possibility of it being an unlawful arrest and get your charges dropped.
If you or someone you know has been charged with resisting arrest, The Lincoln Law Group LLC is here to help with our top-notch criminal legal services. We offer free and confidential consultations and won’t let you face your criminal charges alone. Our other legal services includes tax lawyers, personal injury lawyers, car accident lawyers, criminal lawyers, and others in Maryland.
Contact us and schedule an appointment today.