San Fernando Valley Resisting Arrest Lawyer
LEARN WHAT AMOUNTS TO RESISTING ARREST IN A CRIMINAL CASE
This crime usually comes up when the police decide to use some sort of violent force against another and then in order to justify their actions, they claim that the person they man handled was resisting arrest.
As long as the police can show that they were in the performance of their duties as a police officer and it was reasonable under the circumstances to use force, then they can usually justify this charge. However, once there is video or eye witness evidence that they acted improperly, then the defense has a chance to beat the charge.
In today’s day and age, the defense is much more likely to be successful to convince a jury that the police acted inappropriately than in days past. The general public is much more likely to believe that the police acted inappropriately that ever before.
If the police decide that they are justified in arresting you, then you must cooperate with them or you will be subject to being charged with resisting arrest. In my experience, these cases are difficult to defend because the prosecutors will usually back the police and not listen to the excuses of the defense. Unless we can come up with a defense that makes sense, it will be difficult to the judge or prosecutors to dismiss these type of case.
The next issue that comes up in resisting arrest cases in San Fernando Valley has to do with whether you will end up serving any jail time. Usually the prosecutors want some jail time to teach the person involved a lesson to cooperate with the police when they tell them to do something.
This has to do with the argument of respecting law and order and not living in a world of chaos where no one listens to authority and just does what ever they want. This argument will go up against the defense argument that either says the police had no right to arrest the person or that they were not resisting arrest and the police over reacted and where too rough with the subject person and then in order to justify their actions, charged them with resisting arrest.
This happens almost every time the police use force against someone and there are visible injuries that they have to justify where lawfully inflicted on the person.
Definition of Resisting Arrest – PC 148(a)(1)
To willfully resist, delay, or obstruct an officer or an emergency medical technician while he or she is engaged in his or her legal duties, you may be charged with the crime of resisting arrest under California Penal Code section 148(a)(1). Resisting arrest often occurs when an officer is trying to put someone under arrest and the person physically struggles with the officer resisting the arrest.
The crime is charged as a misdemeanor and is punishable by up to one year in county jail and/or a fine of up to $1000 and a possibility of probation.
If not defended properly, these charges can result in financial hardship, loss of jobs, and incarceration. This is where our Van Nuys Criminal Defense Attorneys step in on your behalf and do everything we can to get these charges dismissed.
Defenses for Resisting Arrest PC 148(a)(1)
There are defenses that the Hedding Law Firm may and will assert on your behalf if you are facing resisting arrest charges. For example, if the arrest was unlawful (in which there a number of ways an arrest may be unlawful), then you can not be guilty of resisting arrest.
Also, if the officer was using excessive force in conducting the arrest and you physically struggled the arrest, you may have been using self defense rather than committing the misdemeanor of resisting arrest. Our resisting arrest defense attorneys in Van Nuys and San Fernando, CA will look into your charges determined to find any misconduct by the authorities.
Often, many resisting arrest charges carry other charges such as DUI, domestic violence, drug crimes, and so forth. Fortunately for you, our we have extensive experience in the area of criminal practice. With our combined 75 years of experience an dour skill and knowledge we guarantee competent and effective representation.