Resisting arrest is a criminal offence in which an individual may flee a police officer while being arrested, threaten or attack a police officer to escape arrest, provide an officer with false identification while being arrested or physically struggle to get out while being caught. Resisting arrest could lead to serious punishment in various parts of the United States. Given below are some popular questions asked by different people that have been answered by Experts on resisting arrest.
The punishments for resisting arrest may be different in different states of the U.S. In some states like Delaware, resisting arrest could be classified based on whether it was using violence or not. Resisting arrest with violence or force may be classified as a Class G Felony. The punishment for this would be 2 years in state prison. Resisting arrest without any force or violence may be classified as a Class A misdemeanor for which an individual may be punished with a fine of $ 2300 and one year in county jail.
In some states of the U.S. like Pennsylvania, resisting arrest would not be considered a felony. It would be considered a second degree misdemeanor. The maximum penalty for it would be two years in jail and a fine of $5000
Rules regarding resisting arrest differ from state to state in the U.S. In some states like Ohio, it may not be possible to expunge a resisting arrest charge from an individual’s record. However, the individual may request the courts to seal the record. If the record is sealed, it is likely that no other agency would be able to access it. The individual can appeal to seal the record by contacting the clerk of the court that passed the ruling and filling out the required forms. In some states and situations, expungement may be possible if the individual is charged, acquitted and then granted absolute pardon, if the individual is a first time offender arrested for a misdemeanor or if the person’s name and identification has been used by another person who has been acquitted without his/her consent.
In most situations a Class A misdemeanor for resisting arrest would result in punishment for not more than one year, although this may vary by state law. However, if the individual was on probation, it would be considered a violation of probation and besides the jail time for the present resisting arrest charge, the individual may be punished for violation of probation as well.
In most cases, warrants do not have a statute of limitations. Hence, they may remain on the criminal record of an individual. If the individual, who was charged with resisting arrest, had not completed probation, then the warrant could be for a violation of probation. The individual could be incarcerated and resentenced.
Having information about the laws regarding resisting arrest and the punishment for resisting arrest can help individuals who are charged with it to overcome the situation. Resisting arrest can lead to serious consequences if the individual does not have enough information about it. When seeking more information or answers to complex questions dealing with resisting arrest charges, and resisting arrest cases, an individual may turn to the Experts.
Two days ago I was arrested for public intoxication and resisting arrest. (pc 148 and pc 674f). I was blackout drunk at the time and suffering from a major PTSD activation event. I am terrified out of my mind right now. I spoke with a criminal defense attorney this morning who told me the resisting charge is a bad one to have on your record. I am utterly terrified of going to jail and, secondarily, of carrying this charge on my record. I have no idea what to do. It may be useful to add that I was placed on a 5150 hold after verbalizing that I was feeling suicidal in jail. If anyone out there can offer any advice or experience, I would be extremely grateful. I should add that I have no previous convictions or trials, etc. Thank you.
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