Understanding the Criminal Justice System
A Central Indiana man suspected of driving a stolen vehicle led New Castle and Knightstown police officers on a high-speed, three-county car chase after officers tried to pull him over. The man, whose driving privileges had been already suspended for life, crashed in northern Rush County and allegedly fought the officers before being taken into custody. He is charged with two counts of resisting arrest, among other things.
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ToggleIndiana law considers a person to be resisting arrest if they:
Resisting arrest can range from a misdemeanor to a level 5 felony, depending on the circumstances of the case.
Law enforcement may characterize a broad array of actions as resisting arrest–but they aren’t always correct. Some officers might wrongly consider a “bad attitude” or talking back as grounds for resisting arrest, or they might interpret a person’s failure to understand instructions as resisting arrest.
Other times they get the level of the charge wrong. For example, if an officer charges you with forcibly resisting arrest, you must have used actual force for the charge to stand. Passive resistance is insufficient.
In some cases, you may have a valid defense for resisting arrest if the arresting officer used unreasonable and excessive force against you.
Despite these potential defenses, if you believe that you’re unfairly charged with resisting arrest, it’s best to nonetheless comply with the officer’s instructions and let your criminal defense attorney fight on your behalf. You will be in a much stronger legal position if you remain calm and let your lawyer take on the police for you.
If you have been unfairly charged with resisting arrest in Indiana, call the qualified criminal defense lawyers of Razumich & Associates. We are ready to aggressively investigate the facts surrounding your case and fight for you. Contact us today.