A resisting arrest charge has the potential to become a very serious issue with severe penalties under Pennsylvania law. Resisting arrest can be interpreted in many different ways by law enforcement, which may lead to unnecessary charges on top of whatever crime you were originally arrested for.
With this very real possibility of being unfairly treated or charged, having a qualified criminal defense attorney who can get to the bottom of the issue and develop a proper defense strategy may give you the opportunity to walk away with reduced charges, or even complete dismissal.
With the process involved in arresting an individual largely governed by a law enforcement officer who may or may not honestly report the situation, a resisting arrest charge could stem from a flawed or untrue account of what actually transpired.
Considering the ability of law enforcement to exaggerate or unfairly report the situation, it is of paramount importance to retain a criminal defense attorney if you feel as though the charges are unjust and unwarranted.
With years of experience dealing with similar resisting arrest cases, Michael J. Skinner of the Skinner Law Firm is well-positioned to create an effective defense that enables you to fight the charges in an efficient and intelligent manner. Handling every aspect of your case personally, Michael is committed to providing excellent client service while making certain he does everything possible to get the charges reduced or dismissed.
If you have been charged with resisting arrest in or around the counties of Chester or Delaware, contact the Skinner Law Firm today at (610) 436-1410 to schedule a free consultation.
Pa. Cons. Stat §5104 defines resisting arrest and specifically states the following:
A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.
According to Pa. Cons. Stat. §923, a misdemeanor of the second degree will come with a presumptive sentence of up to two years in prison and/or fines of no less than $500 and no more than $5,000.
A lawful arrest is an element of the crime of resisting arrest. Under the clear language of the statute, the arrest underlying a charge of resisting arrest must be lawful, meaning that the arresting officer must have acted with authority and probable cause.
If you or a loved one has been charged with resisting arrest, it is important that you take into account all the factors involved, because if there is proof that the charge was unwarranted, a case dismissal will most likely be the outcome.
Taking advantage of the legal skills of an aggressive and knowledgeable Pennsylvania violent crimes attorney will give you the opportunity to effectively argue your case and move forward with your life. Contact the Skinner Law Firm at (610) 436-1410 to discuss the specifics of your case with Michael J. Skinner.
Michael proudly represents individuals dealing with criminal charges in and around the city of West Chester.