How to get resisting arrest charge dropped – Getting arrested is never a pleasant experience, and being charged with resisting arrest can make it even worse. This charge can carry serious consequences, but there are steps you can take to get it dropped. In this article, we’ll discuss the legal definition of resisting arrest, the potential consequences of this charge, and the various defenses you can use to fight it.
We’ll also provide tips on negotiating with the prosecution and exploring alternative resolutions.
Legal Considerations: How To Get Resisting Arrest Charge Dropped
Resisting arrest is defined as actively opposing or obstructing a law enforcement officer who is attempting to make an arrest. This can include physically resisting, fleeing, or verbally interfering with the officer.The consequences of a resisting arrest charge can vary depending on the jurisdiction and the severity of the resistance.
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In general, resisting arrest is a misdemeanor offense, but it can be elevated to a felony if the resistance involves violence or causes serious bodily injury to the officer.To obtain a conviction for resisting arrest, the prosecution must prove that:
- The defendant knowingly and willfully resisted, obstructed, or opposed a law enforcement officer who was acting in the lawful performance of his or her duties.
- The defendant’s actions were intentional and not accidental.
- The defendant’s actions interfered with the officer’s ability to make the arrest.
Defenses to Resisting Arrest
Resisting arrest charges can be complex, and there are several valid defenses that can be raised.
Reasonable Force
One common defense to resisting arrest is the use of reasonable force. Reasonable force means that the defendant used only the amount of force necessary to resist the arrest. This defense is often used when the defendant believes that the officer is using excessive force or that the arrest is unlawful.
Excessive Force
If the defendant believes that the officer used excessive force, they may be able to argue that they were justified in resisting the arrest. Excessive force is defined as any force that is not necessary to make the arrest. If the defendant can show that the officer used excessive force, the resisting arrest charge may be dropped.
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Documenting Excessive Force
If the defendant believes that the officer used excessive force, it is important to document the incident. This can be done by taking pictures or videos of the incident, or by getting the names and contact information of any witnesses.
This documentation can be used to support the defendant’s claim that the officer used excessive force.
Negotiating with the Prosecution
If you’re facing a resisting arrest charge, you may be able to get it dropped by negotiating with the prosecution. This process involves discussing the charges with the prosecutor and attempting to reach an agreement that results in the charge being dismissed or reduced.
Factors Considered by Prosecutors, How to get resisting arrest charge dropped
When deciding whether to drop a resisting arrest charge, prosecutors may consider several factors, including:
- The severity of the underlying offense
- Your criminal history
- The circumstances surrounding the arrest
- Your willingness to cooperate with the investigation
Tips for Negotiating
To effectively negotiate with the prosecution, it’s important to:
- Be prepared to discuss the facts of the case and your perspective on the events
- Be respectful and professional
- Be willing to compromise
- Consider hiring an attorney to represent you
Alternative Resolutions
Alternative resolutions to a resisting arrest charge can provide a path to avoid a criminal conviction and its associated penalties. These options typically involve completing a program or performing community service in exchange for the charges being dropped or reduced.
Diversion Programs
Diversion programs are designed to provide a second chance for individuals charged with certain offenses, including resisting arrest. These programs typically involve completing a series of classes, counseling sessions, or other requirements. Upon successful completion of the program, the charges may be dismissed or reduced.
Benefits:
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- Avoids a criminal conviction
- Provides an opportunity to address underlying issues that may have contributed to the offense
- Can lead to a reduction or dismissal of charges
Drawbacks:
- Requires time and effort to complete
- May involve additional costs
- Not available in all jurisdictions
Community Service
Community service is another alternative resolution option that may be available for resisting arrest charges. This involves performing unpaid work for a non-profit organization or government agency. The number of hours required will vary depending on the severity of the offense and the requirements of the program.
Benefits:
- Avoids a criminal conviction
- Gives back to the community
- Can lead to a reduction or dismissal of charges
Drawbacks:
- Requires time and effort to complete
- May not be available in all jurisdictions
How to Access and Apply
To access and apply for alternative resolutions, you will typically need to contact the prosecutor’s office or the court. They will provide you with information about available programs and the eligibility requirements. You will then need to submit an application and may be required to attend an interview.
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If you are accepted into a program, you will be required to follow the program requirements and complete all necessary tasks.
Last Recap
Resisting arrest is a serious charge, but it’s not always easy to prove. If you’ve been charged with this offense, don’t give up hope. By understanding your rights and taking the right steps, you can increase your chances of getting the charge dropped.
Common Queries
What is the legal definition of resisting arrest?
Resisting arrest is defined as intentionally preventing or obstructing a law enforcement officer from performing their duties.
What are the potential consequences of a resisting arrest charge?
The consequences of a resisting arrest charge can vary depending on the jurisdiction, but they can include jail time, fines, and a criminal record.
What are some valid defenses to a resisting arrest charge?
Some valid defenses to a resisting arrest charge include:
- You were not actually resisting arrest.
- The officer used excessive force.
- You were acting in self-defense.