Resisting arrest is a serious criminal offense in Pennsylvania. While you may have been scared, angry, or simply acting in self-defense, resisting arrest can result in significant legal consequences. For more information on the penalties associated with this crime and possible defenses you can use, continue reading and reach out to a Montgomery County misdemeanor lawyer today.
What is Resisting Arrest?
Pennsylvania law outlines the criminal offense of resisting arrest or other law enforcement in the state’s Consolidated Statutes § 5104. The legislation defines the offense as follows.
“With the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.”
Essentially, resisting arrest is the crime of stopping or attempting to stop a public servant from performing their duties and, in doing so, creating a risk of harm to the individual or anyone else.
What Are the Consequences of Resisting Arrest in PA?
If you are convicted of resisting arrest in Pennsylvania, it is important to understand that you will be subject to a variety of legal penalties and repercussions. The offense is categorized as a second-degree misdemeanor. The standard penalties associated with a conviction of this degree are:
- Fines of $500 to $5,000
- Up to 2 years of imprisonment
During sentencing, the judge will have the discretion to impose additional consequences depending on the severity and details of the offense. Other penalties you may incur include restitution, community service, probation, and more.
What Defenses Can Be Used Against My Charges?
During your case, one of the most important considerations is how you will defend yourself against the charges being brought against you. First, it is imperative that you secure the help of an experienced criminal defense attorney. Your lawyer will be able to accurately evaluate the details of your situation to determine the strengths and weaknesses of your case, as well as gather evidence to build a strong argument in your defense.
One of the most effective defenses used in resisting arrest cases is that the arrest was unlawful. An arrest can only be made with probable cause or a valid warrant. If there was no information present that would lead the officer to reasonably believe that a crime had been committed and that you were the culprit, it could be a valid defense.
You could also argue that you were acting in self-defense when resisting arrest. If the officer was violent or used excessive force during your arrest, you could claim that your actions were a direct response to their unreasonable force and that you were simply defending yourself.
Your intent is an important part of your conviction. If you can prove that you did not intend to harm the officer or prevent them from enacting their duties, it could be enough to have your charges reduced or dismissed altogether.
For more information and to procure experienced legal representation, reach out to a skilled defense attorney today.
