Will a Resisting Arrest Charge Land Me in Jail?
If the Pennsylvanian police suspect that you’ve committed a crime, you know they’re likely to arrest you, and your first instinct might be to resist. In the moment, it could feel like a way to avoid getting into trouble with the law, but the truth is that it could worsen your situation with a new criminal charge. However, does that mean jail time as well?
You need a dedicated attorney who can help you understand what you’re up against and defend you from it. That’s what the LLF Law Firm Criminal Defense Team can do for you. Learn more today by calling our offices at 888.535.3686 or submitting an online contact form.
How Does the Law Define Resisting Arrest?
Simply put, resisting arrest is to physically protest a lawful arrest. It often involves evading, obstructing, or even assaulting the police, but it could refer to any action at all that requires officers to use “substantial force” to prevent or minimize injuries and complete their task. The greater the risk of harm to another person, the more serious the charge.
Can You Go to Jail for Resisting Arrest?
In most cases, resisting arrest is graded as a second-degree misdemeanor, which could saddle you with up to two years in jail and/or a maximum fine of $5,000.
However, the courts may elevate the charge to a felony if the resistance causes significant harm to someone else. Third-degree felonies typically apply for major injuries, resulting in up to seven years in jail and a maximum fine of $15,000. Second-degree felonies are reserved for deaths, which carry penalties of up to 10 years in jail and a maximum fine of $25,000.
In other words, resisting arrest can indeed land you in a jail cell, but it’s not a guarantee. Your sentence would depend not only on whether a prosecutor can prove your guilt, but also on the severity and outcome of the crime.
How Can You Avoid Jail Time for Resisting Arrest?
These charges and penalties all hinge on whether the arrest was legitimate in the first place. If your defense lawyer shows that the police didn’t have probable cause or another valid reason to arrest you, then you were within your legal rights to resist. A judge is unlikely to sentence you to jail in this case.
Other options include plea deals or diversion programs. The LLF Law Firm has the knowledge and experience to determine the most effective course of action for you to take. So long as you partner with the LLF Law Firm Criminal Defense Team, there’s a good chance that you can reduce or avoid prison time.
Ask the LLF Law Firm to Help You Fight a Resisting Arrest Charge
Did you resist when the police arrested you? No matter the circumstances, you deserve to be heard and treated fairly. The LLF Law Firm Criminal Defense Team can help make that happen for you. To schedule a consultation, call us today at 888.535.3686 or fill out this contact form to make an appointment.