blog Criminal Defense Resisting Arrest and Similar Charges: All You Need to Know

Resisting Arrest and Similar Charges: All You Need to Know

By Colorado Attorney-at-law on July 15, 2023

Resisting arrest is a serious charge that can have far-reaching consequences. This charge can be applied in a variety of situations, from passive resistance to active physical confrontation with law enforcement. At Whitaker & Penix, LLC, we understand the complexities of these charges and the importance of providing a strong defense for our clients

What Is Resisting Arrest?

Resisting arrest involves any actions that obstruct or interfere with a law enforcement officer’s attempt to make a lawful arrest. This offense be categorized into two types:

  • Passive Resistance: This involves non-violent actions such as refusing to comply with an officer’s instructions or going limp when an officer attempts to handcuff you.
  • Active Resistance: This involves physical actions such as running away from an officer, physically struggling against an officer’s attempts to restrain you, or even assaulting an officer.

Potential Consequences of Resisting Arrest in Summit County

Being charged with resisting arrest in Summit County can lead to severe legal penalties. These may include:

  • Fines
  • Probation
  • Jail time

The exact penalties will depend on the specifics of the case, including whether the resistance was passive or active and whether any other crimes were committed at the time of resisting arrest.

Consequences of Resisting Arrest Charges

Apart from legal consequences, a resisting arrest charge can also impact your life in other ways. It can affect your employment prospects, as many employers conduct background checks and may not hire individuals with criminal records. It can also affect your personal life, causing stress and strain in your relationships.

Impact on Employment Prospects

Many employers conduct background checks on potential employees during the hiring process. A criminal record, such as a charge for resisting arrest, could make it more difficult to secure employment. This is particularly true for jobs that require a high level of trust or a clean criminal record, such as roles in education, healthcare, law enforcement, and certain government positions. A criminal charge could lead to job loss, even if you’re already employed, and especially if your employment agreement stipulates good conduct.

Impact on Personal Life

Being charged with a crime in Breckenridge can significantly strain your personal life. The stress of dealing with a court case can impact your mental health, leading to issues like anxiety and depression. It can also strain relationships with family and friends, especially if they find themselves involved in the legal process.

A resisting arrest charge could affect your community’s reputation, leading to social stigma. For parents, a criminal charge in Colorado could influence child custody agreements or visitation rights.

Financial Impact

Legal proceedings can be costly. Lawyer fees, court costs, and possible fines are associated with a resisting arrest charge. If the charge leads to job loss or reduced employment opportunities, it could further exacerbate financial stress.

Charges Related to Resisting Arrest

In addition to resisting arrest, individuals may face additional charges, such as assault on a police officer, disorderly conduct, or obstruction of justice. Each of these charges carries its own set of penalties, which can compound the severity of the situation if you’re convicted.

Possible Defense Strategies

Several defense strategies can be used in resisting arrest cases. These include:

  • Lack of Probable Cause: If the officer did not have a valid reason to arrest you, any charges related to resisting that arrest could be dismissed.
  • Self-Defense: If the officer used excessive force during the arrest, you might have had a right to defend yourself.
  • Mistaken Identity: If you were not the person who resisted arrest, this could be used as a defense.

The Key Role of a Breckenridge Defense Attorney

If you’re facing resisting arrest charges, it’s essential to stay calm and cooperative with law enforcement. Avoid making any statements or admissions until you have consulted with a Breckenridge criminal lawyer. Seek legal counsel as soon as possible to ensure your rights are protected.

The Whitaker & Penix, LLC team in Breckenridge, Colorado, is committed to protecting the rights of our clients and developing a strong, custom-tailored defense based on the unique circumstances of each case. With our extensive trial experience and knowledge of local courts, we can guide you through this challenging time.

Call us at (970) 368-0602 for a free initial consultation. Let’s see how we can help.

Posted in: Criminal Defense