Resisting arrest is a bad idea

KD Law Group |

Resisting arrest is a bad idea

On Behalf of Kirsch Daskas Law Group | May 18, 2022 | Criminal Defense 

You’ve been a law-abiding citizen for years and your interactions with law enforcement have been minimal. In fact, you largely have a good impression of police officers and the work that they do.

One day, you’re approached by law enforcement and it seems like their intention is to arrest you. Why is it such a bad idea to try and resist arrest?

Resisting arrest is a separate offense

Law enforcement may have wrongly identified you as a suspect. You are not guilty of the offenses that they suspect you of committing. Nonetheless, if you resist arrest, you could be charged separately, despite being innocent in terms of the initial accusations.

What constitutes resisting arrest?

There are numerous behaviors that may constitute resisting arrest. If officers attempt to cuff you and you fight back in an attempt to shake them off, this is likely to constitute resisting arrest. Even if you don’t directly use violence, if you threaten to do so then you could still face charges.

Perhaps you saw law enforcement coming and were startled by this? You proceeded to run around the corner and enter an alleyway to hide from them. While it’s natural to feel bemused and frightened if you have not done anything wrong, any attempt to hide or disrupt the conduct of law enforcement could amount to resisting arrest.

You may have been driving home from work and minding your own business. Suddenly, you noticed flashing lights in your rearview mirror. You have places to be and you know you’ve done nothing wrong, so you refuse to pull over. Any failure to pull over when instructed to do so may also amount to resisting arrest.

Protecting your rights

Law enforcement must only use reasonable amounts of force in the course of their duties. They must also adhere to the law themselves. Remember, you are innocent until proven guilty and you will have your day in court. Any misconduct from police officers will eventually come to light. If you’re facing criminal charges, make sure you have a knowledgeable party behind you who can stand up for your legal rights.