The strategy will vary depending on the degree of the charge, but at its base, to prove a charge of resisting arrest, prosecutors have to prove several elements in the case:
- A police officer attempted to make the arrest
- The accused attempted to or actually prevented the arrest
- The police officer was acting under color of official authority and announced an intention to arrest the accused prior to the resistance
- The conduct that prevented the accused’s arrest was intentional.
If the state alleges flight, threats, or the risk of injury to police, the charge will be heightened from a disorderly persons offense, which carries a maximum six month jail sentence, to Fourth or Third degree crimes, which are felonies.
Fourth Degree Resisting Arrest carries a sentence of up to 18 months, and Third Degree Resisting Arrest can land you up to five years in jail.
These can be difficult charges to fight, as many arrests include only two witnesses, and it comes down to your word against a police officer’s.
However, when other eyewitnesses are available, or the arrest was caught on surveillance footage, it is possible to build a persuasive case that police and prosecutors have chosen to overcharge.
When there are defenses available for a resisting arrest charge, it’s usually possible to create additional doubt on the other charges that accompany it.
If you’ve been charged with resisting arrest, Matthew Reisig is the experienced criminal defense attorney who can help you push back against the case the prosecution is building.
Call 732-625-9661 today and get help right away.