Resisting Arrest

When you are under duress and think that you are about to be arrested, it is natural to want to run away and elude the police officers. This fight-or-flight instinct is strong in most individuals who are in stressful situations, but it is not a good idea to give in to these reflexes. If you do run away or attempt to fight off a law enforcement officer, you may be charged with resisting arrest.

If you believe that you are being arrested even though you are innocent, you may be tempted to fight against the law officials. However, this is not always a good idea. Even if you are innocent of the crime for which the police officers arrest you, if you fight the arrest, you may later be charged with resisting arrest.

Physical vs. Nonphysical Resistance

Resisting arrest is defined as using physical force to directly or indirectly evade arrest. For example, running away or struggling against handcuffs while a policeman is trying to arrest you is physical, and therefore counts as resisting arrest. However, nonphysical resistance, such as demanding to see the arrest warrant before submitting to handcuffs and police custody, does not count as resisting arrest.

If you turn physical force into hitting an officer instead of just running away, it may count as assault and battery. In instances like this, it is easy for resisting arrest to escalate into a serious issue rather than a simple arrest for a crime you may not have committed in the first place.

Defense against Resisting Arrest

In some cases, it is possible to justify resisting arrest if the arresting officer has used unprovoked, excessive force against you. However, this is not always a guarantee, so it is a good idea to not resist arrest, and then claim your right to a lawyer so that you can have experienced help with your jail release.

Contact Us

If you or someone you know has been charged with resisting arrest, or needs legal counsel for getting out of jail, contact Austin jail release lawyer Ian Inglis today at 512-472-1950.