Resisting Arrest Lawyer Philadelphia
People often disagree with the judgment of police officers. Most of us have been stopped and received a ticket we honestly did not believe we deserved. However, in these cases, you simply need to adhere to officer instruction and contest the ticket at a later date. When being placed under arrest, you need to act in precisely the same manner. You will have an opportunity to contest the matter later. The problem is that sometimes people react aggressively or instinctually to an officer attempting to place them under arrest. This amounts to an additional Criminal Offense – resisting arrest.
In some cases, officers use the phrase “resisting arrest” as a general term to distinguish any behavior that may make an investigation or arrest more difficult to pursue. It may be hard to believe that responding slowly or showing any reluctance to an officer’s commands can pose as an act of resisting arrest. In some cases an arrest does not need to be in progress for a charge of resisting arrest. This does not mean however that any officer can interpret a situation where you are not following exactly on command right in that instant as “resisting arrest.”
If you have been charged with resisting arrest, you need to retain a criminal defense lawyer immediately. It is likely that you will be charged with a number of crimes, both related to that of resisting arrest or stemming from the cause for arrest in the first place. All of these offenses need to be aggressively contested in order to minimize the likely significant penalties you are now facing. The Criminal Defense Attorneys with The Law Offices of Greg Prosmushkin, P.C. will serve as your advocate, and provide you the best defense possible.
What Is Resisting Arrest?
A person is guilty of resisting arrest when they intend to prevent a public servant from effecting a lawful arrest, and create a substantial risk of bodily injury to another person, or employs means justifying or requiring substantial force to overcome the resistance. The precise definition can be found under the Pennsylvania Criminal Code, Title 18, Chapter 51. Basically, what this means is that if you act to prevent your arrest in a way that forces the officer to use additional effort to place you under arrest, or act in a way that may hurt someone else, you are guilty of resisting arrest.
Resisting arrest is a Second-Degree Misdemeanor. You may receive up to 2 years in prison and a fine of up to $5,000 if found guilty. This combined with the other charges against you may mean you are facing potentially many years in prison and substantial fines.
Why Do I Need a Lawyer?
You are going to need to mount an aggressive defense against these charges. A lawyer can help by discrediting the evidence, and even planning to show that you did not in fact resist arrest, when possible. At a minimum, you need an advocate who will fight for you. Whether that means trying to beat the charges at trial, or negotiating a favorable plea deal, The Law Offices of Greg Prosmushkin, P.C. can do this for you. Do not wait. Call today to schedule a free initial consultation with one of our criminal defense attorneys, so that we can begin preparing a defense that will protect you and your rights.