I was arrested for simply being next to my friends who were arrested for public drunkeness. They also arrested me even though I was trying to explain I didn't do anything. I ended up being charged with resisting arrest. I am awaiting my court hearing. What type of penalties or consequences am I looking forward to?











Answer: (1)
Resisting Arrest is not taken very lightly and you will be prosecuted for it. Resisting arrest must be physical, and cannot just be verbal. If you are charged with resisting arrest for verbal resistance, this is in violation of your constitutional rights and you should seek representation. There have also been cases where a defendant may have mildly resisted arrest, but then became a victim of unnecessary brute force from the police. Some of these cases have went to the federal courts and made national news.
Typically in most states, resisting arrest is usually prosecuted as a Class A Misdemeanor for a first offense. You can be charged for resisting arrest for attempting to get in the way of a police officer arresting someone else as well. However, if you resisted in a violent way and thus caused harm or injury to the police officer, the prosecution will more than likely escalate to consequences beyond the classification of a Misdemeanor.
You should hire a Criminal Defense Attorney to represent you. They know the law very will and will be able to cross examine the Police Officers statement. A skilled attorney can get the charges dropped, or drastically reduced, depending on the situation.
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Posted by Staff Writer on 21 Jan 2010