Convictions for Violent Crimes such as Resisting Arrest can lead to serious consequences for the accused. assault crimes Resisting arrest is a misdemeanor of the second degree in Pennsylvania under Title 18, Section 5104 of the Pennsylvania Crimes Code. Resisting arrest is defined as an accused intending to prevent an officer from making an arrest or any other official duty. Additionally, this resistance can create a risk of the officer suffering bodily injury, or the resistance requires the officer to use substantial force to overcome the resistance. When being charged with resisting arrest, it is the prosecutions job to prove that the following elements are present; first that the defendant reasonably knew that they were resisting a law enforcement officer, they intentionally resisted, and that the officer performed in a lawful manner. Actions that are considered as resisting arrest are struggling against or attacking an officer during an arrest, giving an officer a false name or information, or requiring an officer to use more effort to arrest you.
The grading for violent crimes such as resisting arrest result ins typically that of a second degree misdemeanor, however depending on the facts and severity of a case a felony charge can be given. murder investigations As a result of the differences in charges, there will be differences in penalties. Misdemeanor charges can result in some jail time, fines, or probation. Felony charges may result in the same penalties, however these will be greater in time and amounts. When charged with resisting arrests, it is important to understand what defenses you can use to avoid criminal charges. Some defenses include, self defense, lack of intent, too much force from an officer, or the person was not of a public servant. However, these defenses should be made by someone who is experienced and aware of the legal terms and policies. Contact a lawyer at the Law Offices of Kelly and Conte to retain a lawyer in your defense to receive the proper outcome.