Resisting Arrest: Is It Your Right?

resisting arrest

When a police officer confronts you during an inspection, many things will come into mind. Often, fear and the spur of the moment makes you do things you do not really intend. Resisting arrest is just one thing you may accidentally do, and this often leads to the use of force to subdue you.

A thin line

Take note that a slight misunderstanding between you and the officer can further complicate things. The police can interpret your reaction as a threat and resort to physically subduing you if they feel it is necessary. Often, this leaves you physically hurt and with a criminal charge to boot.

Unfortunately, there are cases wherein officers abuse their right to act against someone who they feel is obstructing a legal process. This is often when ‘resisting arrest’ turns into police brutality. Criminal defense attorneys practicing in Lincoln, Illinois point out that “Police officers are given a large amount of power when they are given a badge. They are allowed to carry guns, arrest people, and use deadly force when needed. However, that power comes with a large amount of responsibility.”

Defending against the case

There are instances where it is ‘justifiable’ to resist arrest, such as when they resort to disorderly conduct or if you feel they are charging you false allegations. If someone stops you, but fail to identify themselves as an officer, you also have the right to deny them. When the officer does resort to violent action that leads to your physical harm, then it is important that you seek legal help immediately.

Keep calm and move on

Keeping calm even in the face of abuse may not be easy, but it will prove advantageous in your case against the officer. Even if you know that you did nothing wrong, you should never lash out at an officer as they will interpret this as you for further ‘resisting’ arrest. Assaulting an officer, even if it is unintentional, is a more serious crime.

You do not necessarily need to know the ins and outs of the law to fight against what you think are unjust actions towards you by a police officer.

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