Resisting Arrest RCW 9A.76.040
A person is guilty of Resisting Arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her. Unfortunately, it’s very common for law enforcement officers to charge citizens with Resisting Arrest when investigating very tense situations. Resisting Arrest charges are generally an additional charge which accompanies an “underlying charge.”
In other words, someone may charge someone with Assault or DUI and when police attempt to make an arrest, the police allege that the defendant was uncooperative. Therefore, the defendant will be charged with two crimes; one of them being Resisting Arrest. This tactic is often used by police and prosecutors to bolster their criminal cases.
Additionally, Prosecutors add Resisting Arrest charges to make it appear as if the defendant is more culpable of the underlying crime. Police officers often say that defendants resist or attempt to flee when officers try arresting people lawfully.
Finally, some people facing Resisting Arrest might actually be victims of unnecessary police brutality. A police officer may have tried to physically restrain a defendant or made an arrest in a surprising or startling manner. If you, a friend or a loved one were surprised or startled by police at the time of your arrest, you may have a reasonable defense to the charges of Resisting Arrest. Your reaction to being arrested may have been a surprise and not an intentional attempt to prevent officers from making a lawful arrest.
If you or someone you care about faces Resisting Arrest charges in Skagit County or Whatcom County, call attorney Alexander Ransom today for a free, no-pressure case evaluation. Alexander has a reputation in the legal community as an aggressive, effective and experienced criminal defense attorney. He is here to assist you through these difficult times.