Only under very particular conditions can a person be arrested by police. They must have probable cause to believe that someone has committed a crime, such as when they believe a driver is intoxicated, or they should possess a warrant for making an arrest. Bitterly, the police do not always follow these guidelines. Arrests are made in a hurry by law enforcement personnel, and a few arrests are not legal. It makes sense in these circumstances for someone to ponder if they can fight the illegal arrest.
Even when an arrest is unlawful, there are hazards involved with resisting. As the officer tries to make the arrest, you could be subject to severe punishments or perhaps get hurt. Whatever the circumstance, it’s critical to be aware of what to do when you’re arrested in order to defend yourself.
To find a good lawyer who can defend you while you are facing an unlawful arrest, please contact brandon white law.
How does resisting arrest work?
A person can be found guilty of resisting arrest in Arizona if they obstruct, resist, or cause a delay for a police officer who is fulfilling their duty by making an arrest. In Arizona, there is a difference between resisting an arrest violently and resisting an arrest nonviolently.
Resisting arrest but not doing any violence is defined as just obstructing, resisting, or opposing arrest without making threats or hurting anyone. The least serious of the two offenses is regarded as a first-degree wrongdoing in this case. Nevertheless, individuals found guilty might still face a fine of up to $1,000 or a maximum sentence of one year in jail.
It is termed resisting arrest with violence when someone consciously opposes, resists, or blocks a police officer who is making an arrest while making threats or using force. In Arizona, this is a felony of the third degree, punishable by a $5,000 maximum fine and up to five years in jail.
A person can still be found guilty of resisting arrest if they refused to cooperate with the police, even if they are not charged with the offense for which the officer was arresting them.
What to Do if You are Arrested Illegally?
Can you resist an unlawful arrest? It is usually advisable that you maintain your composure and follow the police officer’s instructions if they attempt to arrest you because resisting arrest might have serious repercussions. Respectfully inquire as to the reason for the arrest and inform the officer that you would like to talk with a criminal defense attorney. Keep quiet and inform the officer that you won’t answer any questions until your attorney is present.