What is a resisting and obstructing

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What is a resisting and obstructing

You have been speeding on the highway and an officer pulls over your vehicle. After some questions by the police officer he attempts to search your vehichle. You protest the search believeing its not warranted and the police officer threatens to arrest you if you do not sit calmly.

You continue to assert your rights and the police officer attempts to arrest you but you refuse to be handcuffed. Under this scenerio you would be resisting arrest under california law. Defenses to a charge of resisting arrest are based on the facts and circumstances of each case. Below are possible defenses:.

There are numerous occasions when police have engaged in unlawful conduct in detaining or arresting persons. If you were unlawfully arrested, then the police actions were unlawful and you have every right to resist since the officer was not engaged in the lawful performance of his or her duties or acting in his or her official capacity.

It is not unusual for police to enter a residence where they suspect drugs or contraband may be found and search the area without a search warrant and then assert that the defendant gave consent when evidence is found and the defendant placed under arrest. A lawful arrest can only be made pursuant to an arrest warrant if the crime was not observed by the officer or if based upon probable cause.

In many urban areas, police have and continue to use racial profiling to stop and question persons of certain ethnic or racial origins and then arrest them without probable cause to do so. Probable cause for an arrest is found when a reasonable and cautious police officer believes that criminal activity is or has taken place.

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Police must point to objective circumstances leading them to believe that a suspect has committed a crime before arresting them. It is different if police wish to detain someone. In these cases, an officer has probable cause to detain but not arrest the person if he or she has a reasonable suspicion that the person may be involved in criminal activity.

So if the officer cannot articulate certain facts or circumstances that would lead a reasonable officer to believe a crime has or is about to take place, then an arrest may be unlawful. Self-defense is often used as a defense in assault, manslaughter or murder cases. If a police officer is using excessive or unreasonable force against you, then you have every right to fight back or to resist.

There are certain standards or restrictions on how much force you may use and when you must back off:. If for instance the police did have probable cause to arrest you but then used excessive force to subdue you, then your actions in resisting the officer is not considered self-defense. Lack of probable cause in arresting a suspect is a common defense in resisting arrest cases since you cannot use self-defense unless the arrest itself was illegal.

It is not uncommon for police officers to fabricate a justification for entering a residence or searching you, your home or car when they lacked probable cause to do so and then arresting you. As a defendant, you need to use every tool at your disposal to show that the police acted unlawfully in arresting you.

If police misconduct is suspected, your defense lawyer can file a Pitchess Motion under Evidence Code Sections and The motion is to request the personnel file of the police officer who is the subject of the resisting arrest charge that may contain past incidents of misconduct.

A defense investigator may follow up and the defense may potentially call these complainants as witnesses to rebut the credibility of the police officer.

Police vehicles may also be equipped with cameras or dash cams and audio since what was seen and said by the officer and defendant in the moments before the arrest was made or while excessive force was used is vital in determining if police acted unlawfully. Bystanders often use their smartphones to videotape police actions and have been instrumental in many cases of excessive force by police.

Following an arrest, police are required to submit a report of the arrest that will contain statements made by themselves and the defendant. These statements can be contradicted by the body and dash cams or other video evidence from bystanders. Eyewitness testimony from bystanders or pedestrians may also be vital, especially if they are neutral or disinterested parties.

This penal code a 1 is a misdemeanor for which the penalties may include up to:. Information On The Court Process The following links have information on the criminal court process in a misdemeanor:.The officer may be mistaken, may have ulterior motives prejudice, profiling, etc. An accused should not attempt to argue that issue with an officer during the stress of an encounter.

In spite of the possibly faulty reason for the encounter, the actions an accused person takes when confronted by law enforcement can, themselves, lead to criminal charges. Finally, to obtain a conviction for resisting or obstructing, the State must prove that the accused knew had reason to know that the officer was indeed acting in an official capacity and with lawful authority.

Although both resisting and obstructing an officer require some action, some volitional act, by the accused, either physical or verbal, obstructing is a bit trickier. An obstructing charge can result from an accused giving any information to an officer that is deemed to be false information. One obvious form of obstructing is when an accused gives false identifying information, such as a false name.

Perhaps less obvious is an obstructing charge that arises when an accused denies involvement in the act that the officer is investigating. Any affirmative statement to police that a prosecutor thinks he can prove to be false could be charged as obstructing.

what is a resisting and obstructing

Your Name required. Your Email required. Your Phone required I hired Mr. Saperstein to be my Attorney in the Summer of He was very professional in his work. We met at the courthouse before our time to be in court, to follow up on my case details. He showed up on time when he said he was going to be there.

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These attorneys are upfront and honest from the beginning and throughout the long stressful process.In Michigan, resisting, obstructing, assaulting or endangering an officer in the performance of his or her duties is a felony.

In addition to facing prison, there are various legal and personal ramifications when a person is convicted of a felony. Pursuant to state and federal laws, a person convicted of a felony cannot possess a firearm. The legal terms resisting, obstructing, assaulting, endangering are construed broadly. For example:. This is a powerful statute, whereby borderline misconduct such as slight resistance, failure to obey a lawful command or inappropriate physical contact with a police officer can constitute a felony!

The penalties in Michigan MCL Encounters with the police are inevitable. In fact, I would say that police encounters are more probable after A police encounter can occur in situations where you have not done anything wrong.

For example, a person may fit the description of someone that is accused of a crime or because a neighbor has reported something to the police. When a police confrontation occurs, even if it is unfounded, it is far better to cooperate than to get charged with a felony for resisting and obstructing. By cooperating, I do not mean that you should make incriminating statements or allow a search without a warrant. First of all, everyone should know their personal rights.

Fortunately, legal entanglements are often manageable. Being charged with a felony does not necessarily mean that you will go to jail or be convicted of a felony. In our experience, most first time offenders, including those with a limited past record, may be entitled to a plea bargain to a misdemeanor with probation, not jail.

Youthful offenders age 17 but under 24 may be entitled to HYTA status to get a dismissal and the record sealed.

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We believe that every client has a unique situation and deserves to be treated with respect and dedication to achieve the best possible result in the Michigan court system.

It takes only one phone call to get immediate answers to your most pressing legal questions. Clair County. Abdo Joseph A. Practice Areas. Criminal Law. Resisting, Obstructing, Assaulting, Endangering Police.

what is a resisting and obstructing

Resisting, Obstructing, Assaulting, Endangering Police In Michigan, resisting, obstructing, assaulting or endangering an officer in the performance of his or her duties is a felony. In addition, ABDO LAW recommends having a plan prior to a police confrontation: Aside from providing identification, you have an absolute right to remain silent and anything that you say can be used against you in court.

It is always preferred to consult with a lawyer before talking to the police.

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However, if you believe it is in your best interest to talk to the police to show your innocence or establish a defense, you should use a calm and composed voice to logically point out details or witnesses at the scene. It is rarely productive to argue or try to persuade the police. Any misunderstandings or problems that you believe occurred during a police confrontation can later be addressed in the court system with a criminal defense lawyer.

Michigan CPL disclosure : An individual licensed carry a concealed pistol who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

Remain calm and do not escalate the situation. Do not touch the officer as this could be interpreted as an assault. You can be charged with fleeing and eluding if you attempt to escape, run or drive away from a police situation. Recording : Provided that it does not interfere with police operations, you do have the right to record an interaction with the police. However, the recording may be seized if the officer believes it contains evidence that must be protected.

9 Things You Didn’t Know About Resisting Arrest

Do not resist or obstruct the process if you are arrested. An attorney can be employed forthwith to set the record straight. Contact Us Free Consultation Under Wis. A key part of this crime is that law enforcement must be acting in official capacity and with legal authority. That means if it is found that your arrest was not based on probable cause, then law enforcement was not acting with legal authority.

Resisting arrest in Wisconsin is commonly charged when an individual shows or acts in a way that physically resists that officer. Similarly, if someone threatens to do the same they can be charged as well. Obstructing is more commonly charged when an individual provides false information or does something that makes law enforcement's job more difficult.

However, if during the course of resisting or obstructing, law enforcement suffers an injury, this charge becomes a felony. Our Madison, WI criminal defense attorneys have represented many individuals facing similar charges.

Our attorneys know the law and all potential defenses.

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When you contact our top rated Madison, WI defense attorneys they will provide you with a free case evaluation. You will have a fair idea of what our attorneys can do for you. Being charged with a felony or misdemeanor resisting arrest or obstructing charge in Wisconsin is serious matter.

Our attorneys know the law and what defenses work. No case is too small or big. However, every charge is significant and requires quality legal representation. Start your defense today! Resisting and Obstructing Charge in Wisconsin. Free Consultation. If law enforcement suffers substantial bodily harm or soft tissue damage, the penalty is a Class H felony.

If law enforcement suffers great bodily harm, the penalty is a Class G felony. It is also a Class H felony if an individual provides false information to law enforcement and that false information is used to convict someone of a crime.

Call or fill out the form below to get help with your case.It can range from arguing with the officer to fighting with the officer to running from the officer. The resisting and obstructing a police officer statute was challenged in the recent case of People v Jay Bradley Morris. Morris challenged the constitutionality of the resisting and obstructing statute as being overbroad and vague. The court determined that a person of ordinary intelligence would know that an individual using some form of force to present a police office from performing an official and lawful duty would be in violation of the statute.

This means that statute can be broadly interpreted by a police officer to bring charges against a person. Unfortunately, the vagueness of the statute allows for officers to charge this offense to protect themselves from an allegation of illegal arrest or in cases where they just want to give someone a hard time.

That is reasonable; however, there are police officers that take advantage of the protection that law offers them.

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Abuse of criminal charges is not fair and contrary to the law. This is why you must have the best legal help available to make sure that you are not being improperly charged OR if charges are brought against you, that they are defended aggressively so that you have the best chance to win. That is why our team of defense lawyers has an unparalleled track record of success. No Comments. This field is for validation purposes and should be left unchanged.

what is a resisting and obstructing

Share Tweet Share Pin.Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.

DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.

Shouse Law Group represents victims throughout the U. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages.

what is a resisting and obstructing

Posted by Neil Shouse Jan 02, 0 Comments. A person guilty of resisting arrest, or delaying or obstructing an officer, is charged with a misdemeanor. The penalties for the offense include:. California's resisting arrest laws include a wider range of behavior than just a person resisting arrest. While resisting an officer may be grounds for a conviction under PC a 1so can delaying or obstructing an officer or an EMT. In order to successfully convict a person of a crime under Penal Code a 1a prosecutor must prove three elements.

These are:. But they can also include:. The crime of resisting arrest is a misdemeanor offense. The penalties may include:. Please note that in lieu of jail time a judge may order a defendant to misdemeanor probation. Luckily, there are legal defenses that a person can raise if accused of a crime under PC a 1. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense.

There are no comments for this post. Be the first and Add your Comment below. The attorneys at Shouse Law Group bring more than years collective experience fighting for individuals. We're ready to fight for you. Shouse Law Defense Group has multiple locations throughout California.

Click Office Locations to find out which office is right for you. Close X. Attorneys Criminal Defense California Criminal Defense Being arrested for a crime does not necessarily mean you will be convicted.Resisting arrest and obstruction of justice are similar crimes that are often charged alongside each other.

If you were arrested for resisting arrest or obstruction of justice in Atlantic City or anywhere else in New Jersey, it is important to understand these charges. Zarych offer free consultations to help you understand your charges and how your case might proceed. Call us today to schedule a free consultation. Resisting arrest and obstruction of justice are found next to each other in the NJ Code of Criminal Justice.

There are also other important differences between these laws. Under this law, obstruction of justice firmly applies to a situation where you physically block a police officer from arresting someone else, but it applies to other situations as well.

9 Things You Didn’t Know About Resisting Arrest

Obstruction charges can come from many situations, including the following examples:. Resisting arrest applies in much more specific circumstances.

Under this statute, there are 3 ways to be arrested for eluding or resisting arrest:. Essentially, the key difference is that resisting arrest only applies to arrests, while obstruction charges can apply to much broader situation. Resisting arrest and obstruction carry different penalties depending on how they are committed.

Obstruction charges are graded depending on what the defendant obstructs. If the police are investigating a crime, the obstruction offense is a fourth degree crime. This should only apply to investigations of crimesmeaning fourth degree crimes or higher — not disorderly persons offenses. Any other obstruction charge is a disorderly persons offense.

The basic offense of resisting arrest is a disorderly persons offense, but if there is force or violence against a police officer or a substantial risk of injury, the crime is upgraded to a fourth degree crime.

In cases where the defendant resists arrest by driving away from police officers potentially risking a high-speed chase or low-speed chasethe crime is upgraded to a third degree crime.

Committing another crime as part of your obstruction of justice charges can also lead to additional charges and penalties for that crime. Similarly, the crime you were arrested for has its own penalties, and your resisting arrest can be taken into account as part of sentencing on those charges. Strangely enough, you can face penalties for resisting arrest by itself, even if you face no other charges for which you were arrested.

If you or a loved one was arrested for obstruction of justice or charged with resisting arrest in the Atlantic City area, contact our Atlantic City criminal defense lawyers.

Our attorneys handle disorderly conduct charges and other related offenses, including resisting arrest or obstruction charges.


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