PC §401(A) - RESISTING ARREST W/ FORCE
CLASS F FELONY
(a) Definition
Resisting arrest with force is the act of intentionally using physical force or violence to obstruct, resist, or oppose a lawful arrest or detention by a peace officer or other authorized individual.
(b) Elements of the Offense
The following elements must be met to constitute resisting arrest with force:
A lawful arrest or detention was being attempted by a peace officer or other authorized individual.
The defendant intentionally used physical force or violence to obstruct, resist, or oppose the arrest or detention.
The force or violence used was unnecessary or disproportionate to the circumstances of the arrest.
Types of Force
Resisting arrest with force may include, but is not limited to, the following:
Striking, hitting, or pushing a peace officer during an attempted arrest or detention.
Wrestling or struggling with a peace officer to prevent being restrained or handcuffed.
Using weapons or objects to resist or threaten a peace officer during an attempted arrest or detention.
REFER TO PC 101(C) FOR ANY CRITERIAS THAT MATCH THIS OFFENCE.
(c) Defenses
(a) It shall be a defense to a charge of resisting arrest with force if the defendant can prove that the force used was necessary and reasonable under the circumstances to protect themselves or others from imminent harm.
(b) Lack of intent to resist or obstruct the arrest, or absence of knowledge that the person attempting the arrest was a peace officer or authorized individual, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing injury to a peace officer, use of weapons, or prior convictions for similar offenses may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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