It’s
not often recommended by legal and law enforcement professionals for a variety
of reasons, but depending on where you live and a few other circumstantial
factors, there could be an example for using rational power to fight an
unlawful arrest. Most people assume not, but it seems, in some rare instances,
assault is often legal. That’s why it is important not to resist arrest and
instead call seeks out domestic
violence bail bonds College Area.
What is Resisting Arrest?
In
simple terms, resisting arrest is the act of interfering with law enforcement’s
attempt to place someone in custody. But there’s a little more to it than that
in many cases, and the exact definition varies by state.
When Is It Legal?
The
most important thing to remember is that, in general, resisting arrest is only
legal if the arrest is an unlawful one, such as if a police officer is
attempting to arrest without probable cause or a warrant. The resistance must
even be made with “reasonable force,” meaning the court must deem whatever
resistance employed by the defendant as an appropriate amount and not
excessive. It’s also important to note that even if an arrest is unlawful by
definition if the arresting officer believed it to be lawful at the time, then
using reasonable force to resist should be punishable either as a misdemeanor
or felony counting on things and state.
There
are quite a few factors at play, which is why it’s often best to avoid
resisting arrest even if the arrest seems unlawful to you at the time. It may
be in your best interest to hunt legal recourse instead, like wrongful arrest
or criminal defense representation.
Have You Been Arrested On DUI Charges?
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Help From domestic violence bail bonds College Area! Dealing with an arrest,
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