Resisting arrest charges can be used to detain you for any actions that police say made it more difficult for them to carry out an investigation or make an arrest. You can face resisting arrest charges for refusing an offers command or even for responding too slowly. It is important to note that an arrest doesn't need to be in progress for an officer to charge you with resisting arrest. In this blog, we discuss what is considered resisting arrest.
Elements of Resisting Arrest
Although the criteria for resisting arrest charges might seem arbitrary, it does not necessarily mean officers can arrest you for any situation where you do not exactly follow directions. These charges apply in situations where a person intentionally prevents law enforcement from making a lawful arrest or carrying out other official duties. You can also be arrested for resisting arrest if your actions create a substantial risk of bodily injury to the officer or others nearby.
Prosecutors must prove the following things to charge you with resisting arrest:
- You were aware or should have known that you were resisting an officer of the law
- The officer was carrying out their duty in a lawful manner
- You intentionally resisted the arrest
Examples of Resisting Arrests
The following actions can be considered resisting arrest:
- Physically struggling with an officer
- Attacking an officer attempting to make an arrest
- Giving an officer of the law a fake name
- Running away from a police officer
- Hiding from a police officer
- Threatening an officer
Common Defenses for Resisting Arrest Charges
The following are common defenses legal professionals use to defend against resisting arrest charges:
- Unlawful Arrest: This defense can be used if the arrest was not lawful, meaning you didn’t commit an act that warranted your arrest. Resisting arrest during an unlawful search of your home is an example of when this defense strategy applies.
- Self-Defense: You have the right to defend yourself against an officer who uses excessive force against you. However, if the officer has to use physical force because you threaten them, then this defense strategy does not apply to your case.
- The Arresting Officer Never Identified Themselves: Proving your intent is a major aspect of a resisting arrest case. If the officer never identifies themselves, how can you intentionally resist them? This applies in cases where an undercover officer attempts to arrest someone without ever verbally identifying themselves as an officer of the law.
Criminal Defense Lawyers in Denver
At the Orr Law Firm, we are committed to helping clients defend their rights and restore their reputations. If you are facing criminal charges, you should immediately consult with our lawyers to discuss your legal options. We are prepared to use our extensive resources to build you a strong legal strategy that will protect your interests. Let us get to work for you today.