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Defenses for Resisting Arrest Charges

Have you been charged with resisting arrest? The police will believe that you were resisting arrest if you took any action to avoid heading to jail after you were confronted by the police. If you panicked and ran when police approached you, you may be charged with fleeing a police officer. If you struggle as the police attempt to handcuff you, or if you say derogatory or rude things to the officers as they attempt to arrest you, then these actions can be considered resisting arrest.

It is also illegal to try to delay your arrest through tactics, or to struggle with police officers. Also, if you give a false name to the police in an attempt to avoid arrest then you can be punished. Typically, resisting arrest is considered a misdemeanor charge. Still, it's important to defend yourself when charged with this crime, as failing to prove your innocence could result in a mark on your criminal record.

There are a variety of ways to defend yourself against a resisting arrest charge. First of all, if you can prove that there was a lack of intent to resist arrest then you may be able to have your case dismissed. Essentially, you will need to prove that you had no intention of resisting arrest, and that your actions were mistaken. For example, if you had an arm injury, and jerked your arm back and cried out when arrested because of the pain, then you may be able to explain this and therefore show that you were willing to comply with arrest.

Also, if you acted in self-defense when you were resisting arrest, then you may be able to use this as a viable defense against resisting arrest. Other defenses include police misconduct and false accusation. If you believe that the police did not act rightly in the way that they treated you then you may be able to make a case for police misconduct. Hire a Plano criminal defense attorney today if you are facing these charges and need assistance in defending your case.