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Resisting Arrest

What is resisting arrest?

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.

What is the punishment for 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.

Is resisting arrest considered a felony in Pennsylvania?

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

Can a Resisting arrest charge be expunged from an individual’s record?

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.

What would be the punishment if an individual got a Class A misdemeanor for resisting arrest?

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.

If an individual who was charged with resisting arrest, did not complete probation; would the warrant against him/her be valid after 30 years?

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.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2433
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
8 Criminal Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Resisting Arrest Questions

  • Hello, I have two charges on me back in 2006 that were expunged.

    Hello, I have two charges on me back in 2006 that were expunged. Resisting arrest & domestic assault. Even though this is expunged. Will it stop me from being a police officer?
  • My son was arrested in Excelsior Springs, the judge has not

    My son was arrested in Excelsior Springs, the judge has not offered a public defender on his behalf, and is looking at 3 months in jail. I am his mother in Calif.
  • My brother was arrested on trespassing and resisting arrest

    My brother was arrested on trespassing and resisting arrest without violence Sunday. He has no legal history and has never been arrested in his 39 years of age. He is a mental health patient and has been Baker Acted numerous times. After a period of seven years of remission in which he worked as a professional, he became psychotic again. He can get very psychotic and belligerent during those episodes. He was again Baker Acted a month ago and kept for a week before being discharged. I learned that he is in the medical unit at the LOL Detention Facility. ROR was denied at Advisory. I did not attend because I learned about it after the fact. Bond is only 160. I am thinking about not facilitating the bond because my brother needs help and I know he is better off inside a safe environment even though it is jail. My question is…how can help him to get charges dropped given his lack of priors and his history of mental health problems? Thank you.
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