Resisting Arrest: Oklahoma City, OK: Martino Law Firm
Charges of resisting arrest are complicated, because they are rarely the only charge filed against you. They usually occur when you are under arrest for another charge and show any signs of trying to stop an officer from placing you in handcuffs, in the back of a police car or in a holding cell. People who are charged with resisting arrest in Oklahoma most often face charges of robbery, assault, drug-related offenses, sex crimes, driving while intoxicated or driving under the influence of alcohol or drugs.
People who do not expect to be arrested are frequently charged with resisting. They are often surprised by an officer appearing at their home, work or other place to declare that they are under arrest. People who do not believe they committed a crime may be charged with resisting because they do not wish to be arrested for something they did not do.
Resisting arrest is one of the most common criminal charges in the state of Oklahoma. There are many cases where it is an unfair charge, including when the arresting officer used excessive force and the defendant tried to defend himself. Even raising your hand to prevent an officer from striking you can result in a charge of resisting. People who are being arrested must obey an officer’s instructions, but people are allowed to reasonably defend themselves when an officer is using force when he has no cause to do so. Unfortunately, in many cases court officials believe arresting officers rather than defendants.
When your case goes to court, an adequate defense is crucial to your success. Many defendants do not wish to hire an attorney because they believe there is no way they can win the case against them. They simply listen to the advice of their public defender and plead guilty in exchange for a lesser charge. However, this is not always the best course of action. If you are charged with resisting arrest, you can still win your case and receive a not guilty verdict.
The prosecuting attorney must be able to prove:
- that your arrest was legal
- that the arresting officer identified himself as a police officer
- that he did not violate any of your rights
- that you were resisting
- that your resistance was not in response to excessive force.
It is not always possible to prove these things, but before that becomes clear in trial, many defendants accept plea bargains because they do not have adequate counsel. Accepting a plea bargain in exchange for lesser charges will go on your criminal record as a guilty plea, making many aspects of your life much more difficult.
When facing a charge that you resisted arrest, an experienced attorney can get your charges dismissed. Judges and prosecutors take this charge very seriously and will develop an aggressive case against you. To be prepared, you must have a defense attorney who is willing to fight for your rights every step of the way.