For long, resisting arrests has been used by police to exploit poor defendants and justify baseless arrests. The police don’t like to be defied, and as a result, they arrest individuals for resisting arrests. However, resisting an arrest isn’t always defying the law, is it? Let’s find out.
What counts as resisting arrest?
When a law enforcement official is trying to carry out an arrest, and you make an attempt to obstruct the act, it’s known as resisting arrest. For most misdemeanors, running away or hiding from an officer could qualify as an obstruction. However, for felonies, resisting arrests usually mean that the suspect acted violently toward the officer or at least threatened to act violently.
Who does the law apply to?
The term law enforcement officer isn’t limited to police officers and sheriffs. The law against resisting arrests also applies to probation supervisors, park rangers, prison guards, correctional officers, and parole supervisors. However, the law doesn’t apply to private security guards since they come under the same category as private citizens, and they don’t perform a public duty. However, if an off-duty security officer works as a personal security guard, the resisting arrest law may apply.
What are the defenses to a charge of resisting arrest?
If you’ve been charged or arrested for resisting arrest, there are two ways to defend the charges. The court may consider your case if you’re able to prove that you committed the act with the intention of self-defense. If you feel like the officer acted violently and used excessive force that was not justified, you may try and protect yourself. If you feel like the officer unjustifiably wanted to shoot you, you may try and fight back. However, to build a strong case, it’s important that you only act after the officer acts violently. Try your best to exercise self-restraint and act as reasonably as you can.
The second situation in which the court may consider your defense is if the arrest was unlawful or illegal. A wrongful arrest is one that is not backed by a probable cause or arrest warrant. Even in this case, the defendant can only use the amount of force needed to resist the arrest.
If you’re innocent, you don’t deserve to be arrested for simply defying an unlawful arrest. The bail bond agents at DeLaughter Bail Bonds would be glad to help you post your bail in Indiana. Get in touch.
