A resisting arrest charge can have serious consequences, impacting your record and future opportunities. Facing such a charge can be daunting, but understanding your options and building a strong defense are crucial. This guide explores strategies to potentially get a resisting arrest charge dropped. It's important to remember that this information is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney in your jurisdiction for personalized guidance.
What Constitutes Resisting Arrest?
Before exploring how to get the charge dropped, it's vital to understand what constitutes resisting arrest. This typically involves actively opposing or interfering with a law enforcement officer's attempt to make a lawful arrest. The specifics vary by jurisdiction, but generally include actions such as:
- Physical resistance: Struggling, pushing, kicking, or striking an officer.
- Passive resistance: Refusal to comply with commands, intentionally making the arrest difficult.
- Flight: Running away from an officer attempting to arrest you.
- Verbal abuse or threats: Using intimidating language or threats against the officer.
The key element is the active opposition to a lawful arrest. If the arrest itself was unlawful (e.g., lacking probable cause), that significantly strengthens your defense.
How Can I Get a Resisting Arrest Charge Dropped?
Several strategies might lead to a resisting arrest charge being dropped. These often depend on the specific circumstances of your case and the evidence available.
1. Negotiating a Plea Bargain
A plea bargain involves agreeing to plead guilty to a lesser charge in exchange for the dismissal of the resisting arrest charge. This is a common strategy, particularly if the evidence against you is strong. Your attorney can negotiate with the prosecution to explore this option.
2. Challenging the Lawfulness of the Arrest
If you believe the arrest was unlawful, your attorney can challenge the legality of the initial arrest. This involves demonstrating a lack of probable cause or a violation of your constitutional rights. Success here often leads to the resisting arrest charge being dropped.
3. Presenting Evidence of Self-Defense
If you can demonstrate that your actions were necessary for self-defense, this can be a strong defense. This requires showing that you were facing an imminent threat and your actions were proportionate to the threat. Evidence like witness testimony or body camera footage can be crucial.
4. Demonstrating Lack of Intent
Sometimes, actions that might seem like resisting arrest are unintentional or misunderstood. If you can convincingly argue that you didn't intend to resist, this can weaken the prosecution's case. This might involve demonstrating confusion or a language barrier.
5. Lack of Sufficient Evidence
If the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that you resisted arrest, they may choose to drop the charges. This is where a strong defense attorney can meticulously examine the evidence and identify weaknesses.
Can I Represent Myself?
While you have the right to represent yourself, it's generally strongly advised against it, especially with a resisting arrest charge. The legal complexities involved require a skilled attorney who understands the nuances of criminal law and procedure. A lawyer can effectively build your defense, negotiate with the prosecution, and represent you in court.
What if I Didn't Resist Arrest?
If you genuinely believe you did not resist arrest, gathering evidence is critical. This could include:
- Witness testimony: If anyone witnessed the arrest, their statements can support your claim.
- Body camera footage: Request any body camera footage from the arresting officer.
- Dashcam footage: If available, dashcam footage can provide an objective account.
This evidence can strengthen your defense significantly.
How Much Does it Cost to Fight a Resisting Arrest Charge?
The cost of fighting a resisting arrest charge varies greatly depending on the lawyer's experience, the complexity of the case, and the location. It's essential to consult with several attorneys to get a range of quotes and understand the potential costs involved.
Conclusion
A resisting arrest charge is a serious matter. Taking proactive steps and seeking legal counsel immediately are crucial to protecting your rights and potentially achieving a favorable outcome. Remember to always cooperate with your attorney and provide them with all relevant information. Understanding the specifics of your case and building a strong defense with the help of an experienced attorney significantly increases your chances of having the charge dropped or reduced.
