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    Resisting Arrest – Charged in Pennsylvania

    If you have been charged with resisting arrest, this can make an already stressful situation far worse. Not only will you be facing charges for the crime you were arrested for in the first place, but in addition, you will be facing harsher penalties for resisting the arrest.

    Being convicted of a crime will affect you for the rest of your life. You will have your freedom taken away and be forced to pay hefty fines. Once out of jail, you will have these crimes on your permanent record which will make it difficult for you to get a job, car insurance or even a loan.

    But being arrested does not mean you will be proven guilty or will be convicted. It is important that you seek the counsel of an experienced Pittsburgh criminal attorney to help you fight these charges and protect your freedom.

    Laws and Penalties for Resisting Arrest in Pennsylvania

    In the State of Pennsylvania, if you are convicted of resisting arrest you will be guilty of a second degree misdemeanor.

    • The maximum penalties include up to two years of jail time and up to $5,000 in fines. These penalties are only for the resisting arrest charge. If you are found guilty of the crime for which you were being arrested in the first place, you will face additional penalties. That could lead to significant prison time and fines.

    In order for a person to be charged with resisting arrest, it must be proven that the person

    • had the intention of preventing a public servant from lawfully arresting them; and
    • in doing so, created a substantial risk of injury to the person attempting the arrest OR used means that would require substantial force to overcome said resistance.

    There are multiple elements to this crime that must be proven to be found guilty. A knowledgeable attorney is your best chance at beating a charge of resisting arrest.

    What Happens After You Have Been Charged with Resisting Arrest

    At Shrager Defense Attorneys, we know that good people make mistakes and that your liberties and freedom can disappear in a moment. Our attorneys are here to help you understand your rights and how to defend them.

    Our Pittsburgh Criminal Lawyers will work aggressively to fight for your rights. We will closely investigate your resisting arrest case and speak with any possible witnesses to work toward getting the best possible outcome for your case.

    The court must be able to prove that you:

    1. Had the intent to prevent a lawful arrest;
    2. Created a substantial risk of injury to the person attempting to arrest you or used means that would require substantial force to overcome; and
    3. The arrest was lawful.

    If any one of these conditions is not met, you will not be convicted of resisting arrest. That is why it is important to have the proper representation – someone who knows what must be proven and how to analyze the facts of your case to get your charges reduced or dropped.

    Defenses to Resisting Arrest in Pennsylvania

    There are two main defenses to resisting arrest:

    1. Unlawful Arrest
    2. Self-Defense

    A police officer or sheriff must have probable cause or a warrant to initiate an arrest. If it is found that the arresting officer did not have either probable cause or a warrant when they attempted to take you into their custody, you will not be found guilty of resisting arrest.

    A less likely scenario, but also a valid defense, is an act of self-defense. If it is found that the arresting officer acted with excessive force during the attempted arrest, the arrestee is allowed to defend themselves. In defending yourself against excessive force or violence, it cannot be used against you to qualify as creating substantial risk of injury to the arresting officer. It is important to note that the arrestee must not instigate the violence in order to use this defense.

    In order for you to be convicted of resisting arrest, the prosecutor must prove your guilt of all elements of the crime beyond a reasonable doubt. Your attorney can question and challenge the arresting officers and witnesses in order to create doubt in a juror’s mind.

    In addition, your attorney can negotiate to get a lesser sentence if there is no other possible way to prove your innocence or if you have already admitted guilt.

    A skilled attorney will pull every stop to fight for your rights. Call or text Attorney David J. Shrager today for a free consultation – 412-969-2540.

    Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.