Defending a Resisting Arrest Charge in Norwalk

Defending a resisting arrest charge in Norwalk can be challenging without the help of a skilled criminal defense attorney. Speak to an attorney in your community who could help you understand the resisting arrest charges, what types of evidence may be needed to prove your case and help you build a solid defense.

What Are the Three Elements of Interfering with an Officer?

Connecticut General Statutes §53a-167a defines the offense of interfering with an officer, or what’s more colloquially known as “resisting arrest”. This is a Class A misdemeanor; however, it can be escalated to a Class D felony if your conduct leads to someone being seriously harmed or killed. A Norwalk attorney can help you understand what penalties you face.

In order to convict someone of resisting arrest, the prosecution must prove the three elements listed below, beyond a reasonable doubt. These elements are as follows:

• The defendant knew—or reasonably should have known—the person they were interacting with was a police officer
• The police officer was performing an official duty in accordance with state and federal law
• The defendant knowingly and intentionally tried to stop the police officer from completing their official duty

These elements are often where a Norwalk resisting arrest lawyer could mount a strong defense. Showing the prosecution that even one element is not present can potentially be enough to get the case dropped.

Can I Go to Jail If I Plead Guilty?

Yes. This is a serious crime and is prosecuted vigorously. If you plead guilty or are found guilty after trial you could face jail time, fines, and probation. Further, there are social consequences to a criminal record that can far outlast any court-imposed sanctions. Even if you are not convicted of a felony, having a permanent criminal record could affect your job, relationships, and more. For this reason, hiring an attorney who can fight for your rights, reputation, and future is all so important.

Why Is It Important to Preserve Evidence?

To build your defense, you need concrete evidence. Various forms of evidence may be necessary to challenge or disprove a police officer’s account of someone else resisting arrest. Video footage from local security cameras—as well as police dashboard and body cameras—can provide crucial context, as could testimony from eyewitnesses to the incident in question.

However, structuring a resisting arrest case defense around this kind of evidence generally requires either the defendant or their Norwalk lawyer to file a motion in court to have that evidence preserved. Without a court order, video footage is routinely deleted within 30 to 60 days of being recorded, so taking action quickly can be just as important as taking action effectively in many resisting arrest cases.

Get Experienced Help with a Resisting Arrest Case Defense in Norwalk

Even if you did nothing to warrant any other criminal charge, you can still be detained simply for failing to promptly follow a police officer’s order or for doing anything they consider to be obstructive. Fortunately, a qualified criminal defense attorney could help immensely with defending a resisting arrest case in Norwalk. Read our certified 5-star reviews from Avvo.com here, and call us today to learn more.