When you or someone you know is being arrested, it can be scary and overwhelming. If you act before you think you may end up interfering with the arrest which could result in significant legal charges and consequences. If you are facing criminal charges related to resisting arrest in Pennsylvania, it is crucial that you understand the definition of the offense and penalties associated with a conviction. Read on and speak with a York County, PA misdemeanor defense lawyer to learn more and secure skilled legal representation today.
How is Resisting Arrest Defined in PA?
Laws are defined differently depending on the state and jurisdiction you are in. According to Pennsylvania Consolidated Statutes § 5104, resisting arrest is defined as the following.
“With the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.”
To be charged and convicted of resisting arrest, the prosecution must be able to prove that:
- You intentionally prevented or attempted to prevent a public servant from lawfully conducting an arrest; and
- In doing so you created a significant risk of bodily harm to anyone involved OR used actions that would require significant force to overcome.
Resisting arrest is a crime taken seriously in Pennsylvania. If you are convicted you could face a slew of legal consequences so it is important to stay apprised of your rights and legal options.
What Are the Penalties for Resisting Arrest in PA?
Under Pennsylvania law, resisting arrest is considered a second-degree misdemeanor. The standard sentencing guidelines for a second-degree misdemeanor include fines of $500 to $5,000 and a term of imprisonment of up to 2 years.
In addition to fines and jail time, a judge may have the discretion to impose additional fines, probation, community service, and more repercussions depending on the details and circumstances of your offense.
If your resistance caused harm to the arresting officer or another person, you could face additional charges like simple assault, aggravated assault, assault of a law enforcement officer, and more. These crimes will be accompanied by a plethora of penalties as well.
What Defenses Can I Use?
If you are facing charges for resisting arrest in PA, it is important that you understand the defenses available to you. There are two main defensive strategies that are often successful in resisting arrest cases.
- Unlawful arrest
- Self-defense
If the attempted arrest was unlawful, meaning that the officer did not have probable cause or a warrant, it can be an effective defense as you should never have been detained in the first place.
In addition, you could have been acting in self-defense. If the officer used excessive force or violence during the arrest, you could have been defending yourself. In this case, your actions would not qualify as creating a substantial risk of injury to the officer.
Fighting resisting arrest charges can be difficult, but with the help of a skilled attorney, you can build a strong case to defend yourself.
