Criminal Defense Attorney For Resisting Arrest In Indianapolis
Have you been charged with resisting arrest in Indianapolis? At Patel Defense, we know that this can be a scary and stressful time in your life. Resisting arrest is often a charge that gets tacked on after an arrest for another charge. If the arresting officer feels like you are not following orders or listening, then they can charge you with resisting arrest. After you are arrested and charged, the first thing you should do is hire an experienced defense attorney who will fight for you.
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What Is Resisting Arrest?
Resisting arrest is defined as a person interfering with a law enforcement officer while they are performing a lawful arrest. This crime can be classified as a felony or a misdemeanor, depending on the actions of the defendant. Resisting arrest is classified as a misdemeanor when the person accused performs an action such as running and hiding from law enforcement. Resisting arrest is classified as a felony when the person accused acts violently or threatens to act violently toward the arresting officer. There are several types of resisting law enforcement, including:
- Resisting arrest by force – If a person knowingly or intentionally resists, obstructs or interferes with a lawful arrest, then they can be charged with resisting arrest by force. The prosecution must provide evidence that the person accused used actual force and not merely a threat.
- Resisting arrest by flight – If a person knowingly or intentionally flees from a resisting officer after he or she has identified themselves and ordered the person to stop, then they can be charged with committing resisting arrest by flight. This is most commonly used when a person is accused of running after the officer ordered them to stop or was attempting to make a lawful arrest.
- Resisting arrest as a felony – If a person who is charged with resisting arrest by flight uses a vehicle to commit the offense, then they can be charged with a felony instead of a misdemeanor. If a person who is charged with resisting arrest by force or flight and the person draws a deadly weapon, inflicts bodily injury, or operates a motor vehicle in a manner that risks bodily injury to another person, they can also be charged with a felony. If the accused uses a vehicle to resist arrest, and it is considered a felony, then there is a minimum jail term that must be served.
Resisting arrest includes physical acts like running, giving false identification, trying to help another person avoid arrest or threatening an officer. Simply being slow to comply or swearing at an officer is not generally enough to gain an additional charge of resisting arrest. It is also within your rights to question an officer’s actions before complying with all of their requests.
Defending Against Resisting Arrest
While it may seem that it is nearly impossible to defend a resisting arrest charge since it is often your word against the officers, there are certain defenses that will work in your favor. Unlawful arrest is the best defense when it comes to defending your resisting arrest charge. If you did not do anything wrong to begin with, then the arrest was not lawful and the officer was working outside of his or her duties. Self-defense is an appropriate defensive strategy for a resisting arrest charge. You have the right to defend yourself if the officer is using excessive force against you. If the officer uses force against you in response to forceful resistance from you, then there is no basis for self-defense. False allegations can be a defense if you were charged with resisting arrest but you did nothing that is classified as resisting. For example, being rude, cursing, or questioning an officer is not resisting; however, an officer can be angry and retaliate by tacking on the extra charge. If you are arrested by an undercover officer who did not verbally identify himself, then you likely will not be convicted of resisting arrest.
In order to be convicted of resisting arrest, there has to be a knowledge and intention to commit the act. The prosecution must prove that you intentionally resisted arrest by force or flight. If you have been charged with resisting arrest in Indianapolis, it is important to contact an experienced defense attorney who will work with you to create an appropriate defense strategy.