Law & Legal & Attorney Criminal Law & procedure

The Most Common Types of Resisting Arrest

    Definition of Resisting Arrest Under The Law

    • Resisting arrest is a failure to comply with the lawful demands of legal authority figures. To resist arrest without violence is any minimal action that can impede or prevent an officer from conducting a legal investigation or making an arrest. For example, failing to comply in a timely manner with an order given by a police officer without exerting physical force. If convicted this charge is considered a misdemeanor in most states. The type of punishment you receive will be dependent on your particular state's statute for satisfying this sort of conduct.

    Resisting Arrest Without Violence

    • Resisting arrest is a failure to comply with the lawful demands of a legal authority figure. To resist arrest without violence is any minimal action that can impede or prevent an officer from conducting a legal investigation or making an arrest. If you are found to be guilty, this charge is considered a misdemeanor and the severity of the punishment will depend on the other charges that you are facing, if any. According to California Law, if found guilty of resisting arrest without violence -- a class A misdemeanor -- a person may receive a jail sentence up to one year as well as a fine of $1000 and community service. Florida considers this crime to be a third degree felony punishable by up to a year in a county correctional facility.

    Resisting Arrest with Violence

    • Resisting arrest with violence consists of any verbal threat or physical action such as fleeing legal authority either on foot or in vehicle, verbally threatening an officer as he attempts to make a legal arrest. Also, any attempt to struggle physically or attack a law enforcement officer as he or she attempts to restrain, handcuff, or place you in the vehicle. This is considered a felony and is punishable by jail time and/or fines. For instance, Florida law states that those convicted of this charge may serve up to five years in a Florida State Prison.

    Tips

    • If you are ever in a situation where you are placed under arrest, comply quickly with the officer's demands. You cannot incur any additional charges for remaining silent. That is your constitutional right as defined by the fifth amendment until you appoint a lawyer or one is appointed to you by the court. However, demonstrating any resistance whether verbal or physical may cause additional charges to be added to your case if you were ever found guilty of a crime.

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