A resisting arrest charge can significantly complicate a criminal case in York, even when the underlying offense is minor. Prosecutors often use resisting arrest to portray the defendant as uncooperative or dangerous, which can influence bail decisions, plea negotiations, and sentencing.
Judges may view resisting arrest as a sign of poor judgment or disrespect for law enforcement. This perception can result in higher bail, stricter probation terms, or harsher penalties. Prosecutors may also be less willing to offer diversion programs or reduced charges when resisting arrest is involved.
Resisting arrest can also strengthen weak underlying cases. For example, if the original charge is disorderly conduct or a low level offense, prosecutors may argue that the resistance shows consciousness of guilt. In reality, many people resist out of fear or confusion rather than guilt.
Another major issue is that resisting arrest can stand alone as a conviction. Even if the underlying charge is dismissed, the resisting arrest charge may remain. This creates a criminal record that can affect employment, housing, and background checks.
Defending these cases involves explaining the circumstances of the arrest and showing that the accused did not intend to resist. Anxiety, medical issues, unclear commands, or officer overreaction are common factors. Body camera footage often contradicts the officer’s written report and reveals a very different version of events.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
