Resisting With Violence is a felony charge that can be of a lesser or greater degree, depending on the level of the violence or perceived violence during the arrest. Resisting with violence is often added onto the original charge that led to the attempt to arrest, and is sometimes the more significant felony charge of the two. Resisting with violence can include any physical act to obstruct or prevent an arrest from happening, which may be as slight as pushing an officer's hand away or as significant as an actual physical attack.
Resisting With Violence Penalties
Each location has different penalties for resisting with violence charges. In most areas the resisting with violence charge is added on after the original arrest and may be made more significant if the individual in involved in another felony or has other felony charges and convictions on his or her record. Resisting with violence is considered very serious if the individual is currently on parole or probation at the time of the incident.
Possible Penalties
- Jail time up to 5 years
- Probation
- Parole
- Fines
- Community service
- Mandatory anger management classes
Resisting With Violence Sentencing
Any action against a law enforcement, parole, corrections or peace officer is going to have a significant impact on sentencing. Combining this with the fact that there is automatically another misdemeanor or felony charge, which caused the original arrest attempt, results in very few dropped cases. However, with a professional criminal defense attorney their may be mitigating factors that can be presented in court. Examples may be a police officer that did not identify him or herself as such or even someone that was unable to understand the situation due to mental duress, inability to understand the language or some type of other physical or mental impairment.
Can A Lawyer Help With Resisting With Violence?
As a very serious felony offense that carries significant jail time it is important to get a criminal defense attorney working with you on your case. For first time offenders the possibility of parole, community service and anger management classes as opposed to jail time is a possibility, especially if there was minimum contact between the individual and the peace officer.
- If you have been charged with Resisting Arrest With Violence, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
