Stories of innocent civilians being unfairly treated by police aren’t new, though they have become increasingly prevalent over the past years and with the rise of social media. In these cases, you often see the accused physically lash out in an attempt to escape what they believe is an unfair arrest. But it should come as a surprise to no one that you are not permitted to use physical action against a police office that would injure them.
It is law that no matter how unfair you believe the grounds of the arrest may be, you cannot resist an arrest. Hiring the right Rhode Island defense attorney after your arrest is the best and safest way to ensure you are given your due.
More than just disagreeing with the grounds on which you are being arrested, resisting arrest is often a physical struggle between police and the accused, as the latter tries to evade being taken into custody of attempts to get out of handcuffs and escape a police car. This action requires the use of force, which can be grounds for debate in a court of law. Actions like punching or kicking can be clearly seen as potentially damaging and forceful actions, while movements such as pulling your arm or body out of the way, or even going so limp that your arms cannot be manipulated into handcuffs, is gray area for the definition of force.
Resisting arrest is a misdemeanor and, as much, maximum jail time is one year and the fine is $500 dollars at most. This may not seem like such a hefty price to pay for some, but the consequences of resisting can become more extensive when you bring violence and use of weapons against police officers into the scuffle.
Be that as it may, there is not much good that comes out of struggling against a police officer. If you attempt to hit an officer to prevent them from placing cuffs on you, or even use a weapon to evade arrest, you are placing yourself in serious hot water. While it may be normal to panic when you are about to be arrested for something you feel is unjust, keeping a level head can paint you in a better light to both police and members of the court. In a court of law, you are better off defending your case with a well-planned legal strategy, instead of coming in the judge and police’s preconceived notions about someone who is physically combative with law enforcement.
Let Archambault Law represent you or your loved one in a resisting arrest charge in Smithfield, RI. Contact our criminal defense attorneys for more information on how we can help to minimize fees and penalties associated with this misdemeanor offense.