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What is Resisting Arrest?

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PostPosted: Tue Dec 12, 2017 3:23 am    Post subject: What is Resisting Arrest? Reply with quote

Resisting arrest is a misdemeanor in which someone interferes with the process of a legal arrest. Different nations have different laws surrounding arrest, but as a general rule, it is agreed that the legal right to arrest someone would conflict with allowing the right to self defense during an arrest, and therefore people who attempt to resist arrest can be charged, with their actions not being treated as self defense. However, there are a few caveats to keep in mind with charges of resisting arrest which are important for people to be aware of.However, for a charge of resisting arrest to hold up in court, it must be a legal arrest. If someone can demonstrate that the arrest was not, in fact, legal, the charges can be contested under the argument that the police officer was not protected and the citizen was within her or his rights to resist arrest. Likewise, if a police officer uses excessive force, the citizen is entitled to self defense, especially if that excessive force could be deemed a threat to the citizen's life or well being.


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