Defending a Resisting Arrest Charge in Greenwich
In terms of defending themselves, an individual can claim that they did not actually resist or obstruct the arrest process in any way, and can assert that in a number of ways.
For instance, the person can say that they did not actually do the action that the officer is accusing them of. If the officer is saying that the person would not put their arm behind their back, or if they are saying that the person would not allow their body to be placed in the police cruiser, the person can defend it by essentially asserting that is not accurate.
If you are facing a resisting arrest charge in Greenwich, it is important that you contact an attorney to discuss any potential defenses available to help lessen the penalties associated with your charge.
Defending the Charge
In instances like those mentioned above, the person can state that they did in fact place their arm behind their back in order for the officer to place them under arrest. Further, the individual can say that the officer is incorrect in their explanation of how things occurred. These claims can help an attorney build a proper defense for a resisting arrest charge in Greenwich.
Another way that a person can say that they did not resist arrest is by admitting that the action took place but explaining that the action was involuntary. This can occur if the person has a medical condition that caused an involuntary reaction or bodily reaction when provoked, or when the officer did something with the person’s arm or leg.
If, for example, the individual had a broken arm and the officer grabbed it without knowing, that could explain why an individual might have flinched in pain. Another instance where this may occur is if a person was tazed, and their body was involuntarily moving.
That would remove the voluntary aspect of the person’s actions, thereby making it not something that the person did with the intention of resisting, but rather that it was something that was out of the individual’s control.
The important part of trying to mount that defense for a resisting arrest charge in Greenwich is not only what the suspect themselves knows, but any independent proof of what actually occurred.
Categorizing the Resistance
When defending a resisting arrest charge in Greenwich, there is either disagreeing that the action took place or admitting the action happened but having an explanation as for why it was involuntary.
When a person claims that they did not do something voluntarily, an attorney would potentially look at the officer’s actions and whether they did something that caused the reaction from the suspect.
If there are any witnesses that viewed the act and had a third person perspective of what had taken place, it can corroborate the suspect’s recount of the events. Also, more likely than not, an officer may either be wearing a body camera or is surrounded by video surveillance that can prove exactly what took place during the arrest process.
Benefits of an Attorney
When building a defense for a resisting arrest charge in Greenwich, it is important for an individual to not try and build a case themselves. It is crucial to hire an attorney that has experience in handling these types of cases, and who would know what to look for to build a proper defense. It is also important to know what evidence to preserve, because a lot of these cameras do not keep their recordings forever.
Due to the importance of evidence when building a defense for resisting arrest in Greenwich, it is important to get the evidence preserved as quickly as possible. This is something only a knowledgeable lawyer with experience in these matters would know how to do.