Factors of a Resisting Arrest Charge in Greenwich
The process of resisting arrest in Greenwich is sometimes different than in other cities. Greenwich falls somewhere between a small town and a big city, and in those situations, many of the officers tend to know the people in their community. This leads to less of a likelihood that an individual would be inclined to resist arrest.
On the other hand, if in a big city, there are more people relative to the number of police officers. This lack of familiarity could lead individuals to be more confrontational when being arrested, and could produce a resisting arrest charge on the grounds of obstruction.
During a resisting arrest charge in Greenwich, a citizen may interpret what the officer is doing as inappropriate, improper, or not valid under the specific circumstances. If you are facing a resisting arrest charge in Greenwich and are looking to better understand the factors associated with your charge, it is imperative that you consult with an experienced lawyer immediately.
Greenwich falls right between a small town and a big city, creating an unpredictability around the circumstances of a resisting arrest charge. It is both a town where people respect their police officers and understand that the police officers respect the citizens of that town, and a place where not all individuals are aware of their local officers.
Because of that, the citizens of Greenwich and the police officers may not be as familiar with each other as they might in a smaller town setting, and when there is a lack of familiarity, it tends to increase the likelihood of a more confrontational encounter with the authorities. This variability could alter the significant factors associated with a Greenwich resisting arrest charge.
Interfering with an Officer
Resisting arrest is a separate charge added on top of another charge. This charge will usually be brought forward when an individual is being arrested for a separate charge, and begins interfering with the officers attempt to arrest them.
Because a resisting arrest charge in Greenwich assumes that the person is being arrested for something else, an individual will almost always be charged with both crimes.
However, it is not always the case that the person will be charged with an additional crime in addition to interfering with an officer. This is because the law states that this charge is brought when an individual interferes with an officer when they obstruct or hinder an officer in performing the officer’s duty.
For example, perhaps the officer approaches a suspect and that suspect provides misleading information about another person. The officer may then come back to the suspect after realizing that the information hindered their ability to conduct the investigation and charge that suspect only with interfering with an officer.
Classifying the Charge
Resisting arrest in Greenwich is a class A misdemeanor under most circumstances. However, if while resisting arrest or interfering with the officer the suspect causes the death or serious physical injury of another person, whether it is the officer or somebody else that is in the area during the encounter, then it becomes a class D felony.
A class D felony is the lowest level of felony, and a class A misdemeanor is the highest level of misdemeanor. Many factors contribute to the classification of a resisting arrest charge in Greenwich.
Challenging the Charge
A person can challenge and disagree with their arrest charge as long as the opposition to the arrest occurs in Court, and not when the officer is performing the arrest. It is a constitutional right that an individual does not have to agree with the charges against them, and can mount as much of a challenge as they wish under the circumstances.
Every person has the right to make the government prove the charge. An individual who is arrested does not need to actively do anything to disprove that they committed the crime, leaving the state or government to affirmatively prove beyond a reasonable doubt that the person did commit a crime.
A fundamental principle of the criminal justice system is that every person without prejudice or penalty is allowed to maintain that they are not guilty of the crimes charged and can require the state to prove that person’s guilt beyond a reasonable doubt.
Contacting a Lawyer
After being charged with resisting arrest, a person should only talk to their lawyer, and cooperate with the officers. However, it is important to note that cooperating with law enforcement does not mean providing the officers with any pieces of information or speaking to them. Every person has a right to remain silent, and an individual should do so until they have an opportunity to contact an attorney who can then advise them about what their next steps should be.
At that point, the individual should realize that the charge of resisting arrest will most likely not be resolved without moving through the court system. Therefore, an individual should be in constant contact with an attorney to understand their rights and the steps that they should take to maximize their opportunity to successfully defend their charges.