Criminal Law Questions? Ask a Criminal Lawyer.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.