Resisting Arrest -- Risks and Realities
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As already stated, you should always comply with an arresting officer during a lawful arrest. Resisting arrest generally only delays the inevitable, and it can add another charge to your record.
But what if the arrest is not entirely lawful? While the vast majority of arrests are lawful, there are occasionally cases where officers use too much force while taking a suspect into custody.
Or, even worse, charge someone with resisting arrest to cover up a clear-cut case of police brutality. Such instances constitute a blatant violation of your civil rights.
If you attempt to defend yourself against excessive force, can you still be charged with resisting arrest? In the real world, the answer is - yes, although in theory you should have a right to defend yourself against unjustified physical assault. -
While rare, some rogue police officers use resisting arrest charges to justify or explain their use of excessive force, especially when a suspect sustains injuries while being taken into custody.
Let's face it, even if you do run and make an officer's job capturing you more difficult, s/he has no moral or legal right to beat you.
If you're a victim of this kind of scenario, you'll want to secure not only a criminal attorney but a civil rights lawyer as well.
While resisting arrest is always a mistake, that doesn't mean you have to let yourself become a victim either physically or through intimidation.
Resisting arrest laws were rightfully enacted to protect police officers in carrying out their duties - but there are laws in place to safeguard you as well. - Don't be afraid to talk to your lawyer if you feel you've been a victim of excessive force or police brutality, especially if you're facing pretextual resisting arrest charges.