[vc_row][vc_column][vc_column_text]Most of us have an inherent desire to ensure our rights are being upheld as much as possible. Yet we do have limitations on those rights when it comes to interacting with police officers. Perhaps that is why resisting arrest is such a grey area. The basic questions seem to be “when an action is considered resisting arrest?” This question’s intention seems to revolve around determining how you can stand up for yourself without crossing a legal line. As such, we felt it would be helpful for our neighbors here in Salt Lake to cover resisting arrest.
What is resisting arrest, exactly?
A standard definition is “intentionally preventing an officer from performing the duties of their job.” Criminal charges are usually imposed when any of these actions occur during an encounter with a cop, detective, or highway patrol officer.
Giving a false identity when asked to identify yourself. This happens when someone either gives a fake name or presents a false ID to an officer.
Threatening an officer or physically attacking them. In these situations, people can be charged when they either struggle with an officer or prevent an officer from arresting someone else.
The grey areas of these situations come into play because it is not necessarily a crime to slowly comply with an officer’s commands. It is also not usually grounds for a resisting arrest charge to be belligerent with an officer by swearing at them. (Although we don’t recommend doing either of these actions.)
I have been charged with resisting arrest, what can I do?
In most cases, resisting arrest is considered a misdemeanor crime. It is important to remember that resisting arrest charges are also dependent upon the actions of the police. Experienced defense attorneys will be able to get the details of your case to help defend your rights. Typical rebuttals to resisting arrest include situations that may apply to your case.
Possible defenses can include:
Unlawful arrest: Perhaps you were arrested on grounds where it was not justified. It can be understandable to resist since you did not do anything wrong in your eyes during these times.
Self-defense: Officer misconduct or brutality are dangerous situations where authority figures have crossed the line physically. You have a right to defend yourself physically when you are being hurt or wounded in an unwarranted way.
The officer failed to identify themselves: There have been countless cases where individuals are abducted by someone posing as a police officer. That is why it is so important, especially for undercover police officers, to make themselves known during an arrest. If they fail to do so, it is possible to defend against any resistance you imposed during the arrest.
It is important to seek legal representation if you are a loved one has been charged with resisting arrest. We highly recommend speaking with a local criminal defense firm to go over your rights and legal options. Call our office today if you have been charged in Utah and are seeking answers to your questions.[/vc_column_text][/vc_column][/vc_row]
