Arrested for Resisting Arrest
Resisting arrest is a criminal offense that is sometimes called obstruction. It describes a number of things that interfere with a police officer attempting to make a lawful arrest. Resisting arrest may involve fleeing from a police officer while being arrested, threatening or attacking an officer during an arrest, providing false Identification, or struggling to get out of restraints put on by law enforcement.
While most people understand you can be charged with resisting arrest after you’ve been brought in on another charge, recently, some have paradoxically been arrested for resisting arrest as an only charge.
Critics worry that resisting arrest as a sole charge could be indicative of abuses of police power, a serious and growing concern in recent years as both police brutality and camera phones continue to proliferate.
Some worry that police officers may use resisting arrest or obstruction charges to affect groundless arrest to “save face” in the event of even the most mild and appropriate dissension.
Recently, a San Francisco public defender was handcuffed and lead away when she tried to stop people from taking pictures of her client. A bystander captured the incident on video, which showed a plainclothes police officer telling the woman “if you continue with this, I will arrest you for resisting arrest.”
Concern over abuse of police power is at an all-time high amid several high-profile incidences of brutality or excessive force. Developing technology has given the public an unprecedented window into police conduct, and people are rightfully demanding that they uphold the rights and freedoms guaranteed by our laws.
An arrest for resisting arrest with no underlying charge to trigger the alleged “resisting” is problematic for obvious reasons. A former officer who was recently involved in an abuse of power incident said that “police sometimes feel they have to arrest someone to ‘save face'” or may improperly arrest someone due to fatigue.
If you’ve been arrested for resisting arrest or have otherwise been the victim of an abuse of police power, contact an attorney to discuss your case. Your lawyer will fight to protect your rights and advocate for your interests. An experienced Pennsylvania lawyer will investigate the circumstances of your incident and interview the arresting officer and any other witnesses.
You have the right to be free from an unlawful arrest, and we’re ready to help you protect those rights. For legal consult, please contact the Pittsburgh criminal defense attorneys from Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146.