What is Resisting Arrest?
Resisting arrest is a charge that is taken very seriously by the law. It involves refusal or failure to obey a lawful order from a police officer. It is usually charged as a misdemeanor, or in some cases, a felony. In most cases, the person who is charged with resisting arrest is also charged with other offenses, such as disorderly conduct or obstruction of justice.
In 2023, the law is still very strict when it comes to resisting arrest. In this article, we’ll take a look at some of the ways you can try to get your resisting arrest charges dropped, or at least reduced.
Challenging the Arrest
The first step in trying to get resisting arrest charges dropped is to challenge the arrest itself. This can be done by proving that the police officer had no legal right to arrest you. This could be done by showing that the officer didn’t have probable cause to believe that a crime had been committed, or that the officer used excessive force during the arrest.
Another way to challenge the arrest is to show that the officer did not have a warrant at the time of the arrest. This can be difficult to prove, as the officer may have had a valid warrant, but not presented it to you. If you can prove that the officer did not have a warrant, then the charges may be dropped.
Claim of Self-Defense
Another way to try to get resisting arrest charges dropped is to claim self-defense. This means that you were trying to protect yourself from physical harm by the police officer. To do this, you must show evidence that the officer was using excessive force, or that you were in fear for your safety.
If you can prove that the officer was using excessive force, then the charges may be dropped. However, this can be difficult to prove, as the officer may claim that you were resisting arrest and were the one using excessive force. It is important to have witnesses to back up your claim of self-defense.
Discrediting the Officer’s Testimony
Another way to try to get resisting arrest charges dropped is to discredit the officer’s testimony. This means that you will try to prove that the officer’s version of events is not accurate. This can be done by showing evidence that contradicts the officer’s testimony, such as eyewitness accounts or video evidence.
It can also be done by showing that the officer has a history of making false arrests or using excessive force. This can be done by searching the officer’s records and finding any past complaints or lawsuits against the officer. This can help prove that the officer’s testimony is not credible.
Plea Bargaining
Another way to try to get resisting arrest charges dropped is to plead guilty to a lesser charge. This process is known as plea bargaining, and it involves agreeing to plead guilty to a lesser charge in exchange for the dropping of the resisting arrest charge. This can be a great way to get the charges dropped, as the prosecutor may be willing to accept a plea bargain in order to avoid the expense and time of a trial.
Plea bargains can also be used to reduce the penalties associated with a conviction. This can be done by pleading guilty to a lesser charge, such as disorderly conduct, or by agreeing to perform community service or attend an anger management class.
Hire a Lawyer
Another way to try to get resisting arrest charges dropped is to hire a lawyer. A lawyer can help you challenge the arrest, build a defense, negotiate a plea bargain, and handle any other legal matters that may arise. A lawyer can also represent you in court and help you fight the charges.
Hiring a lawyer can be expensive, but it can also be worth it if it means that you can avoid a conviction. If you can’t afford a lawyer, you may be able to get one appointed by the court. However, it is important to remember that even with a lawyer, there is no guarantee that the charges will be dropped.
Conclusion
Resisting arrest charges can be a serious matter, and it is important to take them seriously. If you are facing resisting arrest charges, there are a number of ways that you can try to get them dropped, including challenging the arrest, claiming self-defense, discrediting the officer’s testimony, and plea bargaining. It is also a good idea to hire a lawyer to help you with your case.
It is important to remember that there is no guarantee that the charges will be dropped, but if you take the proper steps, you may be able to have the charges reduced or dropped. Good luck!