Darien Resisting Arrest Lawyer
Were you arrested for interfering with a police officer? A top Darien resisting arrest lawyer can help in building a strong defense against this criminal offense.
What is Interfering with an Officer?
Resisting arrest is referred to as “interfering with an officer” under state law. Not only does this offense apply to interactions with police officers, but also interactions with firefighters, vehicle inspectors, and special policemen. Individuals violate this statute if they take any actions to obstruct, resist, hinder, or endanger the officer. Since the language in the statute is so broad, police have full discretion in determining what sorts of behavior violate the law. What may constitute interference to one officer may not to another.
For instance, interfering with an officer could be shoving an officer, refusing to be handcuffed, spitting at an officer, or verbally abusing an officer. Depending on the facts of your resisting arrest case, a lawyer in Darien can argue that your conduct does not rise to the level of interfering.
What are the Elements of Resisting Arrest?
One required element for a conviction of interfering with an officer is intent. Individuals must intentionally be acting in a way that interferes with the officer. For example, an individual having a seizure or other medical event who strikes or pushes an officer is likely not intentionally attempting to interfere with or resist the officer. On the other hand, being under the influence of alcohol or drugs at the time of the conduct probably will not excuse combative behavior.
Another required element for interfering with an officer is that the officer must be engaged in official duties at the time of the interference. Therefore, if individuals become combative with an off-duty officer, they should not face resisting arrest charges.
Official duties encompass not only traditional police functions, but also security work, controlling crowds at a parade, or directing traffic following an accident. A lawyer in Darien could help someone prove that not all of these elements were met, and therefore, cannot be convicted for resisting arrest.
What are the Penalties for Interfering with an Officer in Darien?
Interfering with an officer is typically a Class A misdemeanor punishable by up to one year in jail, a $2,000 fine, probation, or any combination of the three. This offense can rise to a Class D felony, however, if the conduct causes severe injury or death. Individuals convicted of felony interfering with an officer can face a prison sentence of one to five years, a $5,000 fine, and/or a period of probation.
Contact a Darien Resisting Arrest Attorney for Assistance
When you are facing charges for interfering with an officer, the stakes can be high. Enlisting the help of a Darien resisting arrest lawyer can mean the difference between a favorable outcome and a forever-harmed reputation. Call Mark Sherman Law today to schedule a consultation and begin building a powerful defense.