What to Expect in a Stamford Resisting Arrest Charge
Knowing what to expect in a Stamford resisting arrest charge can be important if you want to effectively pursue a positive resolution to your case.
How State Law Addresses Interfering with an Officer?
When people in Connecticut are arrested for resisting arrest, Connecticut General Statutes §53a-167a is the section of state law they are typically charged under. According to this statute, a person may be arrested for the crime of interfering with an officer if they do anything to obstruct, resist, or endanger a police officer, firefighter, or motor vehicle inspector attempting to carry out their lawfully appointed duties.
Given how broadly this offense is defined, what constitutes “interference” with an officer’s duties usually rests on the judgement of the arresting officer. Depending on the circumstances, “resisting arrest” could entail struggling to avoid being handcuffed, attempting to flee from a police officer, providing false information, or simply not obeying a police officer’s direct command.
What Are the Penalties for Resisting Arrest?
Under normal circumstances, this offense is a class A misdemeanor for which punishments upon conviction could include a one-year jail sentence and a fine of no more than $2,000. However, if any act of interference results in a serious or fatal injury to another person, a resisting arrest may be prosecuted as a class D felony and punished by between one and five years in prison and a $5,000 fine.
What Types of Evidence Are Involved in Resisting Arrest Cases?
Generally, three elements must be present for someone to be convicted on a resisting arrest charge. First, the prosecution must demonstrate that the defendant knew—or reasonably should have known—that they were interacting with a police officer. Next, it must be shown that the officer in question was acting in a lawful manner and within their lawful authority. Finally, the defendant must have intentionally done something to obstruct the officer’s performance of their lawful duties.
Anyone who was arrested for resisting arrest in Stamford can generally expect dashboard and body camera footage recorded by the officer who arrested them to be used to demonstrate all three of these elements. In certain cases, eyewitnesses—often including other officers at the scene—may be brought in to testify about what they saw happen.
Conversely, this same evidence could be used to contest resisting arrest charges if, instead of backing up the officer’s story, it supports the defendant’s argument that they did not intentionally or knowingly impede any official law enforcement action. However, this evidence may not be available if a defendant—or ideally, their criminal defense lawyer—does not file a motion to preserve it soon enough after they are initially charged. An attorney can not only help you gather the evidence you need to contest your charges but also make sure all evidence that should be preserved is.
A Stamford Attorney Could Establish Fair Expectations for a Resisting Arrest Charge
Knowing what to expect from a Stamford resisting arrest charge can be tricky even for people who have had experience with the Connecticut criminal justice system before. Regardless of how your charges came about, a qualified attorney could help you make sense of them and proactively pursue a positive case resolution. Read our hundreds of certified client reviews here, and call (203) 358-4700 to learn more about how we can help you.