RESISTING ARREST DEFENSE ATTORNEY IN PITTSBURGH
Resisting arrest is a serious offense in Pennsylvania. If convicted, you are facing serious penalties, including a permanent criminal record, probation and even jail time.
RESISTING ARREST DEFINED
Resisting Arrest is found under Section 5104 of the Pennsylvania Crimes Code, graded as a 2nd-Degree Misdemeanor, punishable by up to 2 years in jail. A person commits this offense if he or she has the intent of preventing a lawful arrest, and:
The person being arrested creates a substantial risk of bodily injury to the officer or others; or
The person engages in conduct that requires the police to use substantial force to overcome the resistance.
WHY AM I BEING CHARGED WITH RESISTING ARREST?
Resisting Arrest is one of the most overcharged offenses in the crimes code. Many people who wiggle, tense up, or are uncooperative during an arrest may find themselves charged with this offense.
Common situations where this charge applies includes when a person aggressively kicks and thrashes about during the course of an arrest, or if a police officer is required to deploy a taser or stun gun during an arrest.
CAN I GET INTO ARD AS A FIRST-TIME OFFENDER WITH A RESISTING ARREST CHARGE?
Yes, but typically a District Attorney's office will not make this offer unless the arresting officer consents to such a disposition. You are best served hiring an experienced criminal defense attorney with strong negotiation skills to maximize your chances of receiving an ARD offer. It may also be possible to resolve your case with a reduction to a summary offense at your preliminary hearing.
HOW THE ZUCKERMAN LAW FIRM CAN HELP
Attorney Dave Zuckerman has experience prosecuting and defending those accused of all types of crimes against police officers. When you hire our firm, we will put this experience to use from the time of your preliminary hearing, all the way through trial if necessary.
For a free consultation, contact us today at 412-447-5580.