When a person does not cooperate with law enforcement when law enforcement is making an arrest, the individual who interferes with the arrest could be charged with resisting arrest in Georgia. Interference with an arrest can take many forms, such as fleeing from police, interfering with the arrest of another or attempting to escape once police have cuffed you and/or put you in the cop car. Individuals who are facing charges for resisting arrest need criminal defense help in Athens as soon as possible. An experienced criminal defense lawyer will help you determine if you have any possible defenses that can be raised against your resisting arrest charges.
Possible Defenses to Resisting Arrest Charges in Athens
While many people have heard the advice that it is not a good idea to resist arrest, and that resisting arrest is one of the quickest ways to make a bad situation far worse for yourself, there are plenty of good, legitimate reasons why you may have been resisting arrest by a law enforcement officer. In the heat of the moment you might be justified in your actions, depending on the particular circumstances surrounding your resisting arrest charges. A criminal defense lawyer can help you decide which defenses apply in your particular case.
- Your Arrest Was Unlawful. If your arrest was unlawful then you may have a defense to your resisting arrest charges. You have the right to resist an unlawful arrest, or to aid someone who is being unlawfully arrested, in Georgia. Unlawful arrest happens whenever law enforcement tries to arrest you without probable cause or an accurate arrest warrant.
- Acting In Self-Defense. Sometimes law enforcement gets carried away with themselves and uses more force than is reasonably necessary to make an arrest. The arresting officer could be overly aggressive or abusive, or could threaten you, which could cause you to try and defend yourself with reasonable, and comparable force. If you resisted arrest as a means of self-defense, then you may have a defense to your resisting arrest charges.
No Underlying Crime is Required To Be Charged With Resisting Arrest
In many cases of resisting arrest, the resisting arrest charge is made in addition to some other criminal charge. Take, for example, a situation in which law enforcement were making an arrest for drug possession where the suspect then flees. The suspect will now be facing both the drug charges and the resisting arrest charge. However, it is possible to face resisting arrest charges without an underlying other crime. For instance, if you interfere with your friend’s arrest, you could be charged with resisting arrest, even though you didn’t commit any other crime.
Resisting arrest is a serious criminal charge that can be tacked on top of other criminal charges. The added resisting arrest conviction can have serious impacts on your sentencing. If you are facing resisting arrest charges, you need to reach out to an Athens resisting an arrest attorney that can help. Contact the Law Offices of J. Lee Webb for a free case evaluation today.