Differences in Concept Between Resisting Arrest and Obstruction of Justice

 

The accusations of resisting arrest or obstruction of justice are severe. The penalties can be extreme. There are defenses available indeed, however, these cases can be intricate and the risks are high. If you're ever charged with resisting arrest or obstruction of justice, you will require a professionally skilled and knowledgeable criminal defense attorney on your side. 

 

Concept of Resisting Arrest 

 

The allegation of resisting arrest is applicable if someone meddles with a cop’s or other law enforcement official’s endeavor to legally place someone under arrest. Someone who resists an arrest is an individual who obstructs, resists, opposes, assaults, wounds, batters, or endangers a person familiar with the individual or has reason to know is performing his or her responsibilities. 

 

Penalties for Resisting Arrest 

 

A conviction for resisting arrest is considered to be a felony carrying a sentence of almost two years in prison. Whenever any police officer suffers a grave injury necessitating immediate medical attention as a consequence of someone who resists arrest, the punishment could be four years in prison and an extra-fine of nearly $5,000. 

 

When the police officer experiences a serious impairment of a bodily function as someone was resisting their arrest, the penalty could be 15 years in prison and a fine of nearly $10,000. 

When a law enforcement officer is killed, unfortunately, the punishment could be 20 years in prison and a fine of nearly $20,000. 

 

Concept of Obstruction of Justice and Its Difference from Resisting Arrest 

 

Obstruction of justice is almost identical to resisting arrest. However, it’s mostly charged if a person lies to law enforcement officers, misleads them, or omits information during a criminal investigation. 

 

Defenses to a Charge of Resisting Arrest 

 

People who have been charged primarily have two defenses available to them: self-defense, and that the arrest was illegal. 

 

Legally, police officers have the permission to apply the amount of necessary force to fulfill their legitimate objective. When any police officer violently acts without any valid reason for using force, the person being arrested can legally protect himself and resist the arrest. But the arrested person can only utilize the amount of force required under the circumstances to resist the arrest. 

 

On the contrary, an arrest is unlawful if it is legally unauthorized. Examples of unlawful arrests are arrests made without a warrant or lack of any probable cause. 

 

Ways to Prove the Arrest Was Unlawful or You Were Acting in Self Defense 

 

Unfortunately, there is hardly you can do when you find that a police officer is using excessive force or that an arrest is unlawful. If the police determine that you have committed a crime, there is hardly anything you can do to change their mind. Stay calm, speak as little as possible, and be polite while communicating with law enforcement. Tell the cops that you intend to speak to an attorney, and you can’t answer any questions without the presence of your attorney. 

By exercising your rights, you make the job more difficult for law enforcement officers. They may level charges against you, claiming your resistance to arrest. They may even claim that you were obstructing justice. 

 

It's better to focus on the long-term implications of your actions. Cooperate while asserting your rights, and contact the best lawyer in California as fast as possible.