Resisting arrest is a criminal offense that occurs when one individual either runs away from a police officer who is in the process of arresting that individual, or when the individual threatens to or actually falls through with attacking the police officer while in the process of being arrested. Resisting arrest is a very serious crime in the United States, and definitely needs to be taken more seriously by the general public.
There are also many other different scenarios that could be considered resisting arrest, says Frank Fernandez criminal lawyer, one of the top Criminal Lawyers. If a police officer announces that they are arresting a person (and have probable cause to do so), and move to put the persons hands in handcuffs, the person may resist as in moving away even if they weren’t to run away or attack the police officer. That to, could easily be taken as resisting arrest and is therefore against the law.
• Punishment for Resisting Arrest
The punishments for resisting arrest vary extensively by the state. Things that will be taken into account, in each state, are the circumstances of the resisting. For instance, someone who attacks a police officer or runs away is definitely going to be paying a heavier punishment, and could land them up to two years in prison. Resisting arrest is almost always classified as a misdemeanor, and the fines of resisting arrest will usually come in at between two to three thousand dollars at the most.
A major question that many people have regarding resisting arrest is whether or not a resisting arrest charge can be taken out of a person’s record. For instance, if a person who has resisted arrest in the past is now applying for a job, they may prefer that charge to be taken out of their record, as it could cost them the job even if it wouldn’t have any impact on their actual job performance. This actually varies state by state, with some states allowing this and others definitely not (criminal defense lawyer boston for example allows this). In the states that do allow it, the person will have to request the court to seal the record, meaning that no one else will be able to access it. Usually also, the resisting arrest charge will only be removed from record if the person was charged but then acquitted afterward, or if the individual was only a one time offender. Otherwise, the courts are likely to deny their request.
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