One of the more violent crimes of Resisting Arrest is one of the more prevalent violent crimes that you may read about in Pennsylvania. Violent Crimes Attorney Resisting Arrest is codified under Title 18 § 5104 of the Pennsylvania Crime Code. In order for the government to prove that someone is guilty of the crime of Resisting Arrest, they must prove each of the following elements beyond a reasonable doubt:
First, the government must prove that the accused, tried to prevent the police officer from making a lawful arrest or discharging any other duty;
And second, that the defendant created a substantial risk of bodily injury to the police officer or anyone else as a result of his resistance, or as a result of the accused’s actions, the police officer was justified or found it necessary to use substantial force to overcome the resistance of the accused.
Resisting Arrest is a fairly serious crime in the state of Pennsylvania. It is graded as a Misdemeanor of the second degree and therefore punishable by a maximum of two years in state prison and a $5,000 fine. Defenses to Violent Crimes If you are being investigated for the charge of Resisting Arrest, then you should seriously consider hiring an experienced Chester County Criminal Defense Attorney immediately.
One of the main questions that comes up when an accused is charged with the crime of Resisting Arrest, is what does the statute mean when it states that an officer needs to be making a lawful arrest or discharging any other duty? A lawful arrest simply means that the officer is making an arrest that he or she is permitted to make under the United States and Pennsylvania Constitution, as well as, the other laws of the Commonwealth. Specifically, the officer is arresting the defendant because he has probable cause to believe that the defendant committed another crime. Discharging a lawful duty simply means that he is in the course of committing an action that he is permitted under the law to make.