Role of Self-Defense When Resisting Arrest in Norwalk
Self-defense can play a complicated role in Norwalk resisting arrest charges. As any top resisting arrest defense lawyer would tell you, there is a fine line between rightfully defending yourself and being arrested, one that is sometimes crossed.
What Are The Legal Justifications for Self-Defense Against Arrest?
Resisting arrest under Connecticut General Statutes §53a-167a is a broadly defined crime. Any action that obstructs or threatens a police officer can land you in front of a Norwalk superior court judge. Oftentimes this could be seen in connection with assault on a police officer charges. To learn more about those, click here.
Whether your arrest comes with or without an assault charge, it is important to know that you do have the right to defend yourself, even against the police. In some instances, this can prove to be a helpful defense.
For example, if a plainclothes police officer attempts to arrest someone without declaring themselves to be an officer of the law, the person being arrested could be justified in defending themselves from what they reasonably saw as an attack from another civilian.
Likewise, if a police officer engages in illegal use of force during an arrest, self-defense could play a significant role in an ensuing resisting arrest case in Norwalk. Finally, a defendant could argue that they did not intend to obstruct a police officer’s actions in the first place.
When Is Self-Defense Not Justified?
Importantly, these aforementioned situations are generally the only scenarios in which self-defense could be a valid defense to a resisting arrest charge. Furthermore, a person can only act in self-defense to obstruct a police officer’s actions if the police officer was the one who acted violently first, and they must immediately stop resisting as soon as the officer stops acting violently.
If the party being arrested was the first one to act violently in an encounter, they could not use self-defense to argue against a resisting arrest charge. Likewise, a police officer may be justified in using excessive force if a defendant’s own actions motivated the officer to act that way. Qualified legal counsel could offer further clarification about the role self-defense could play in a particular Norwalk resisting arrest case.
Talk to a Norwalk Attorney About Self-Defense Versus Resisting Arrest
If you reasonably believed you were defending your physical safety and were later charged with resisting arrest, you should talk with legal counsel about the role self-defense could play in your Norwalk resisting arrest case before trying to defend yourself in court. Check out our certified 5-star client reviews here, and then call today to schedule a consultation.