Resisting Arrest charges are often filed when someone intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her. RCW 9A.76.040. The prosecutor must prove, beyond a reasonable doubt, that a police officer had a lawful reason to arrest the person. This means the officer must have either probable cause to arrest or there must be a valid arrest warrant. Although the prosecutor must also prove the person acted with intent, they do not need to prove the suspect was actually successful in resisting arrest. A mere attempt to resist arrest is enough. Oftentimes, a Resisting Arrest charge is filed in conjunction with other crimes such as DUI, criminal trespassing, etc.
Keep in mind that if a law enforcement officer approaches you and you are emotional, angry, or upset, your actions could be easily misinterpreted by a law enforcement officer – especially if that officer is trying to subdue you and put you under arrest. Resisting Arrest is a simple misdemeanor carrying a maximum penalty of 90 days in jail and a $1,000 fine. If charged with a crime, it is important to find the right attorney to zealously defend your case and protect your rights. Ms. Odama has defended hundreds of Resisting Arrest charges and has the knowledge to effectuate a solid defense for your case.
Call Ms. Odama today for a free consultation. Rest assured that she will do everything she can to help you.