Legal Guidance for Temple Students on Resisting Arrest Charges

Understanding Your Rights and the Implications of Resisting Arrest

The Dilemma of Facing Arrest

Every individual, especially students, may find confronting an arrest to be an overwhelming ordeal. For Temple University scholars, knowing that actively resisting arrest can aggravate an already tense situation is critical. Regardless of your stance on the legality of the arrest or the conduct of the arresting officer, it’s essential to comprehend the ramifications that come with opposition during the arrest.

Expert Legal Representation

For Temple students dealing with charges related to resisting arrest, Logue Law Group Sean Logue is committed to providing robust defense strategies aiming for favorable outcomes in criminal cases. The firm recognizes the distress and unpredictability accompanying such proceedings and is dedicated to supporting and guiding you through them.

Feel free to reach out for a confidential legal consultation with  Pittsburgh criminal lawyer Sean Logue, offered at no charge. You can get in touch by dialing 844.PITT.DUI or through our online contact form.

The Legal Landscape of Resisting Arrest in Pennsylvania

When Resistance Leads to Charges

An act as simple as opposing a DUI arrest can escalate to a charge of resisting arrest. Pennsylvania defines the crime based on the intent to prevent a “public servant,” such as police officers or government officials, from executing a lawful arrest or carrying out related duties.

This offense also includes scenarios where an individual’s actions could potentially harm a public servant or force the servant to deploy substantial force to manage the situation.

Who is a Public Servant?

The term ‘public servant’ spans an array of roles within law enforcement, including but not limited to:

• Police Officers
• State or Federal Employees
• Members of the General Assembly
• Judges

The above categories are not closed; other individuals may also fit the description for the resisting arrest statute.

Understanding these definitions and laws is vital. If you’re confronted with such charges, securing seasoned legal counsel can make all the difference.  Pittsburgh DUI lawyer Sean Logue is prepared to defend your case assertively, ensuring you fully understand your situation and available options. Remember, seeking early legal assistance could be instrumental in navigating these complex situations.

 Criminal Consequences of Resisting Arrest

Understanding the gravity of resisting arrest and its penalties in Pennsylvania can be critical for anyone facing such accusations. The offense is typically categorized as a second-degree misdemeanor, holding a middle ground between the most and least serious misdemeanors.

• Severity of Misdemeanors:
• First Degree (most severe)
• Second Degree
• Third Degree (least severe)

For individuals adjudged guilty of resisting arrest, they could be staring at a couple of years behind bars—a maximum of two years, specifically—and find themselves liable to a hefty fine, which could be as much as $5,000. It’s crucial to note that resisting arrest charges generally accompany other charges, which may imply additional penal consequences.

Defenses Against Charges of Resisting Arrest in Pennsylvania

There are various defense strategies to counter charges of resisting arrest, which might significantly affect the outcome of a case. A solid defense is pivotal, and some of these include:

• Unintentional Resistance: Situations where non-compliances occur due to reasons beyond the defendant’s control, such as certain medical conditions, hindering their ability to follow an officer’s directives.
•  Unlawful Enforcers: Instances where the arresting party does not legally hold the authority to arrest, which renders any resistance non-criminal. For instance, a retail store’s security personnel incorrectly detained someone believed to have shoplifted.
• Incorrect Charges: Resistance to an arrest correlated with a crime the defendant did not commit can invalidate the resisting arrest charge, as the statute specifies that an arrest must be lawful. However, if an officer is significantly harmed during such resistance, it might nullify this defense.

If you’re entangled in a legal tangle involving resisting arrest or related offenses, it’s imperative to seek the guidance of a Pittsburgh PFA lawyer. Our law firm, specializing in defending clients at both criminal proceedings and university disciplinary actions, stands ready to assist you.

Partner with Our Proven Pittsburgh  PFA lawyer

Being accused of resisting arrest is a serious matter. To this end, Pittsburgh’s Sean Logue, a  Pittsburgh traffic attorney with a decade-long career in criminal law, offers personalized representation devoid of case overload. Our commitment is to your unique legal needs. Should you wish to discuss your options free of charge, please reach out to Logue Law Group at 844.PITT.DUI