CALIFORNIA CRIMINAL LAWYERS

Los Angeles Resisting Arrest

The Devastating Consequences of a Resisting Arrest Charge in Los Angeles

Resisting arrest is a very serious charge that can have dire consequences. In Los Angeles, a conviction for resisting arrest can result in fines of up to $1000 and/or up to one year of incarceration. Besides, additional court costs inflate the final amount paid well over the fine’s stated cost.

Worse still, an arrest and a resisting arrest conviction will remain on your criminal record, which can gravely impact your life. Every police officer who checks your criminal record in the future will see this charge. Potential employers will also uncover this fact when verifying your background, and landlords will consider your past when deciding on renting to you. Thus, one simple charge can lead to a lifetime of explaining yourself.

It is essential to note that, while most police officers try to carry out their duties professionally, some often abuse their power. Moreover, they, like everyone else, are human beings and can have an off day or make a mistake. Unfortunately, a single off day on their part can have catastrophic consequences on the rest of your life, depending on how you react.

The problem with the charge of resisting arrest is that it is subjective. Depending on the arresting officer’s interpretation, anything you do can be classified as resisting arrest. It includes even simple actions like moving too fast, moving too slowly, not moving when told to do so, not complying with an order (even if you didn’t hear it), or pulling away when grabbed by an officer.

Even the police officers can make an error in judgment under pressure in a tense situation. But when that error affects you, you will pay for it for the rest of your life. Hiring a competent attorney can save you from the lasting consequences of a resisting arrest conviction and ensuing frustration.

While it may seem like the arresting officer is always right, legal issues are seldom that straightforward. Your attorney will assess the facts of your case and create a defense for you. Possible defenses against a resisting arrest charge can include:

– Police officer’s failure to identify himself: Resisting arrest is only criminal if you know that the person taking you into custody has the legal authority to do so. If officers fail to identify themselves properly, it is within your rights to defend yourself.
– Police misconduct: If the arresting officer is engaged in wrongful or abusive conduct, they cannot arrest you as a repercussion of their conduct.
– False statements by the arresting officer: Some officers misuse the resisting arrest charge to punish people for legal activities. Being sarcastic or defending yourself is not a cause for arrest.

These are not the only reasons that a resisting arrest charge may be deemed unjustified. Successfully fighting the police is a formidable task, even when they’re wrong. The police and prosecutors will pressure you to comply with their demands, but it’s prudent not to make any decisions until you review your options with an experienced attorney.

Table of Contents

1. Introduction

2. Consequences of a Resisting Arrest Charge in Los Angeles

2.1 Fines and Imprisonment

2.2 Criminal Record

3. Police Officers and Resisting Arrest

3.1 Abuse of Power

3.2 Human Error

4. The Subjectivity of Resisting Arrest

4.1 Definition of Resisting Arrest

4.2 Examples of Resisting Arrest

5. The Importance of Hiring a Competent Attorney

5.1 Defense Against Resisting Arrest

5.2 Possible Defenses Against Resisting Arrest

6. Conclusion

Consequences of a Resisting Arrest Charge in Los Angeles

Being charged with resisting arrest in Los Angeles can cause far-reaching repercussions. From costly fines to possible imprisonment, the impact of such a conviction can be devastating.

2.1 Fines and Imprisonment

If you’re found guilty of resisting arrest, you may face fines up to $1000 and/or imprisonment up to one year. Unfortunately, additional court costs can push that amount even higher, adding to your financial and emotional distress.

2.2 Criminal Record

The charge of resisting arrest will mar your criminal record, affecting your future employment chances, housing applications, and personal relationships. Every time someone conducts a background check on you, they will notice the charge, which might negatively impact the rest of your life.

Police Officers and Resisting Arrest

It’s vital to note that most law enforcement officers strive to be professional in the execution of their duties, but a few often abuse their power. Moreover, police officers are like every other human being in that they can make errors in judgment. It means that if you’re caught in a hostile situation, things can go wrong, and you may end up paying for your actions for the rest of your life.

3.1 Abuse of Power

Although abused power isn’t an everyday occurrence, it happens more often than people realize. In some cases, police officers use excessive force and, when questioned about it, may use resisting arrest as an excuse to justify their use of force.

3.2 Human Error

Even the police officers are human, and they can make an error in judgment. They may perceive your actions differently from how you do, and that could be a deciding factor. Therefore, it’s vital that you learn your rights and how to defend them in case they conflict with those of law enforcement officers.

The Subjectivity of Resisting Arrest

One of the biggest problems with the charge of resisting arrest is its interpretation. What may qualify as resisting arrest to one officer may be innocent to another officer or civilian. Generally, anything you do that law enforcement deems as resisting arrest can lead to criminal charges.

4.1 Definition of Resisting Arrest

The interpretation of resisting arrest is complicated, and there isn’t a universally accepted definition. When law enforcement officers close in on you, you must follow their direction without resistance. Any action that results in what law enforcement officers perceive as resistance can lead to criminal charges.

4.2 Examples of Resisting Arrest

When you don’t comply with orders from law enforcement officers or show any sign of hesitance, they may construe that as resisting arrest. Examples of resisting arrest include – but are not limited to – moving too quickly, moving too slowly, not moving when told to do so, resisting arrest physically, or verbally, or engaging in any behavior deemed contrary to the arrest.

The Importance of Hiring a Competent Attorney

As earlier stated, resisting charge is subjective, and there are several potential defenses that a competent attorney can use to defend you. Your attorney can argue that the arresting officer failed to identify themselves, was engaged in wrongful or abusive conduct, or that they made false statements leading to your arrest.

5.1 Defense Against Resisting Arrest

With a good attorney, you can put up a defense against a resisting arrest charge, especially if you feel that the arresting officer used false statements to justify the arrest. Some police officers add the charge of resisting arrest as a form of punishment for legal behavior. A skilled lawyer will investigate the circumstances surrounding your arrest and employ strategic legal defenses.

5.2 Possible Defenses Against Resisting Arrest

Several defenses can be employed when facing a resisting arrest charge. An attorney may argue that the arresting officer failed to identify themselves, engaged in wrongful/abusive conduct or was motivated by a personal/professional vendetta against the suspect. Whatever the case may be, consulting a quality attorney is the recommended course of action.

Conclusion

If you’re ever in a situation where you’re facing a resisting arrest charge, it’s imperative to remember that the law works both ways. You have rights, and you’re entitled to legal representation. It would be if you didn’t allow the fear of law enforcement to cloud your judgment. Seek competent legal counsel and defend your rights.