Resisting Arrest Charges in Richmond
Richmond Criminal Defense Lawyer
Resisting arrest occurs when an individual attempts to prevent or hamper a peace officer, or a person acting under the direction of a peace officer, from taking an individual into lawful custody. In any event, law enforcement and the prosecution will react harshly toward anyone accused of resisting arrest. In order to protect your rights, it is of vital importance that you contact a proven Richmond defense lawyer right away. Our firm will stand-up to zealous police officers and prosecutors and make sure that your rights are aggressively defended.
Penalties for Resisting Arrest in Virginia
Resisting arrest is a misdemeanor offense that can lead to penalties that may include fines of up to $4,000, a possible one year jail sentence, community service or anger management courses. If the resistance of arrest included the use of a weapon or an assault was committed, the charge will be moved up to a felony which can mean a lengthy prison sentence. In summation, possible penalties for resisting arrest include:
- Steep Fines
- Jail or Prison Time
- Possible Probation
- Serving Community Service Hours
Possible Defenses for Resisting Arrest Charges
The prosecutor will have to prove certain things in order to land a conviction, so the best option is to disprove their case by either saying it was it was in self-defense or it was an unlawful arrest.
Self-Defense: Law enforcement officers are allowed to use a certain level of force when making an arrest. Sometimes police officers have to be forceful in order to successfully take someone into arrest. However, when a law enforcement office is unjustifiably violent then there are times when the individual may fight back in order to protect themselves. When the additional force and violence is not merited then a claim of self-defense could be justified.
The Arrest was Unlawful: Only certain arrests are justified and authorized under the law. When a police officer tries to make an arrest for an act that does not warrant it then the arrestee may try to resist arrest. The arresting officer must have probable cause to make an arrest and if they did not then we could argue the charges on the grounds of unlawful arrest.
Who is considered to be a law enforcement officer?
Aside from the obvious such as police officers, highway patrol, sheriffs and other law enforcement officers, there could be other individuals included in this category. Resisting arrest charges could also come about if you resist arrest with any of the following individuals:
- Prison Guards
- Probation or Parole Officers
- Correctional Officers
- Park Rangers
On the other hand, private security guards are not considered to be law enforcement officers so the resisting arrest law would not apply in that instance.
Retain Skilled Representation in Richmond
Like any criminal offense, a conviction for resisting arrest, even a misdemeanor conviction, can change your life for years to come. After serving what any court ordered punishment, you are left with a criminal record that can prevent you from obtaining certain jobs, receiving credit or even finding a place to live.
At our compassionate firm, we understand that people make mistakes but deserve to move forward with their life. We are determined to help you pursue the best possible result if you have been accused of resisting arrest. Searching for an attorney for resisting arrest in Richmond? Contact us today to discuss your case and defense options -
call James A. Bullard, Jr. P.C. at (804) 622-5332!