When a Philadelphia police officer is attempting to conduct a lawful arrest, the law requires you to comply with him or her. If you resist in anyway, you could potentially face charges for resisting arrest. In some cases, individuals who are upset, or who feel as though they are being wrongfully arrested, may attempt to fight officers, which could lead to other, more serious charges.
Being arrested for an underlying offense and having a charge of resisting arrest added to the charges you are facing can result in significant time behind bars. In order to prevent having your future derailed by the charges against you, it would be beneficial to consult with a qualified Philadelphia criminal defense attorney immediately following your arrest.
Resisting Arrest Defense Lawyer in Philadelphia
If you are facing charges for resisting arrest in Philadelphia, it is vital that you take the charges against you seriously. Joseph Lento is a qualified defense attorney who will work diligently to ensure you are given the best chance at avoiding the penalties associated with your alleged offense.
Lento Law Firm has all of the necessary resources and legal experience to handle your case and fight for favorable options such as case dismissal and not guilty verdicts. Call us today at (215) 535-5353 to schedule your free consultation.
Overview on Resisting Arrest Laws in Pennsylvania
- Resisting Arrest under Pa. Cons. Stat § 5104
- Penalties and Defenses for Resisting Arrest in Philadelphia
- What is an Unlawful Arrest?
Resisting Arrest under Pa. Cons. Stat § 5104
According to Pennsylvania law, an individual can be charged with resisting arrest if he or she prevents a law enforcement official from executing a lawful arrest or any other duty by creating a substantial risk of bodily injury to the officer or anyone else, or by acting or resisting in a way that requires law enforcement to use substantial force to overcome the resistance.
Penalties and Defenses for Resisting Arrest in Philadelphia
Resisting arrest is a second degree misdemeanor. If convicted of this offense, the offender can face up to two years behind bars and/or a fine of up to $5,000. In order for an individual to be convicted of resisting arrest, the prosecution must be able to prove that:
- The alleged offender actually resisted
- His or her actions created a substantial risk of bodily injury to someone else
- That the officer has valid reason to conduct the arrest
In some cases, individuals can legally resist unlawful arrests. If it is found that the arresting officer attempted to execute an unlawful arrest, the alleged offender may have his or her charges dropped.
What is an Unlawful Arrest?
An unlawful arrest occurs when someone who claims to be acting under the guidelines of the law attempts to conduct an arrest when he or she does not actually have legal authority to do so. The most common reason why arrests are deemed unlawful is when the arresting officer lacks enough probable cause to make an arrest.
Providing Defense Options for those Charged with Resisting Arrest in Philadelphia
Joseph Lento prides himself on providing a thorough defense for each of his clients. He will diligently review the facts of your case and present evidence in a way that is most favorable to you. If you have been charged with resisting arrest in Philadelphia, don't hesitate to contact Lento Law Firm today at (215) 535-5353 to set up your free consultation.