Virginia Beach Resisting Arrest Attorney

Did you know that, as stated by Virginia law, you are required to obey any police officer’s instructions if he or she places you under arrest? In fact, if you attempt to harm, threaten, verbally harass, or try to escape from an officer during an arrest, you may face criminal charges. However, with help from an experienced Virginia Beach resisting arrest attorney, you may be able to avoid conviction.

Many people are charged with resisting arrest for running from the officer. Oftentimes, these actions arise out of fear because the individual has an outstanding warrant or previous criminal record. Nevertheless, running away from an officer is never wise—regardless of the circumstances.

If you are arrested, it is important to follow all of the officer’s instructions. Ignoring his or her requests, attempting to leave the scene, or using any type of physical force are all grounds for a resisting arrest charge. While you may instinctively want to question the officer, or pull away if he or she attempts to restrain you, such gut reactions can be perceived as resistance.  You can even be charged for interfering with another person’s arrest.

It is important for you to answer any questions that the officer may ask you truthfully. Lying about your name, age, address, or showing a fake ID can be considered an attempt to resist arrest.

The penalties for resisting arrest are quite severe. As a Class 1 misdemeanor, resisting arrest is one of the most severe types of misdemeanor offenses—falling under the same category as crimes such as stalking, domestic violence, marijuana possession, and shoplifting. If convicted, your sentence will most likely include a $2,500 fine and/or incarceration for no more than 12 months. Your conviction will also remain on your criminal record for years, threatening future employment, housing, and educational opportunities.

Several legal conditions are required in order for you to be convicted of resisting arrest. The officer in question must have been legally authorized to arrest you at the time of the incident. Before placing you under arrest, the officer must have advised you of his or her intent to arrest you, as well as informed you of your Miranda Rights (right to remain silent, have an attorney, etc.). In addition, you must be mentally capable of understanding the officer’s instructions. If the state cannot prove that all three of these conditions were met, the charges against you could be dismissed.

Attorney Michael C. Tillotson aggressively defends Virginia residents who have been accused of resisting arrest. After a decade of protecting his clients’ rights, Mr. Tillotson has become well-versed in Virginia’s resisting arrest laws, and can use this knowledge to challenge the charges against you. Contact Michael C. Tillotson today for a free, no-obligation consultation.