Is Resisting Arrest a Secondary Charge?
When an individual is suspected of committing a crime and is subsequently arrested by law enforcement, they may become aggressive or resistant to being taken into custody. This can lead to additional charges being filed against them. But is resisting arrest itself a secondary charge, or is it a separate crime altogether? In this article, we will explore the concept of resisting arrest, the laws surrounding it, and the potential consequences.
What is Resisting Arrest?
Resisting arrest, also known as obstruction of justice or disorderly conduct, is the act of intentionally hindering or interfering with a law enforcement officer’s ability to take someone into custody. This can include physical resistance, verbal abuse, or simply refusing to comply with an officer’s instructions.
Laws and Statutes
Resisting arrest is illegal in most jurisdictions and can result in serious consequences, including fines and imprisonment. In the United States, for example, resisting arrest is typically considered a misdemeanor offense, punishable by up to one year in jail. In some states, however, resisting arrest can be a felony, punishable by up to life in prison.
Why is Resisting Arrest Considered a Separate Crime?
So, why is resisting arrest considered a separate crime from the original offense? The answer lies in the concept of prosecutorial discretion. Prosecutors have the power to decide which charges to file against an individual based on the circumstances of the case. In the case of resisting arrest, the prosecution may choose to file separate charges because it reflects the individual’s reckless disregard for the safety and well-being of law enforcement officers.
Examples of Resisting Arrest
Here are some examples of resisting arrest:
• Physical resistance: An individual physically fights against an officer’s attempts to handcuff them or escort them to a police car.
• Verbal abuse: An individual curses, threatens, or engages in other forms of abusive behavior towards an officer, intentionally trying to intimidate or distract them.
• Refusal to comply: An individual refuses to answer questions, provide identification, or follow an officer’s instructions, intentionally trying to thwart the investigation.
Potential Consequences
The potential consequences of resisting arrest depend on the jurisdiction and the severity of the offense. Some possible consequences include:
• Fines and imprisonment: Resisting arrest can result in fines ranging from $500 to $10,000 and up to one year in jail.
• Enhanced sentencing: In some jurisdictions, resisting arrest can increase the sentence for the underlying offense.
• Increased bail: An individual arrested for resisting arrest may have their bail increased, as the court may view them as a flight risk.
• Loss of liberties: Resisting arrest can result in the loss of certain liberties, such as the right to own firearms or vote.
Statistics
According to the Bureau of Justice Statistics, there were over 450,000 arrests for disorderly conduct in 2018, which can include resisting arrest. Broken down by race, the statistics are as follows:
| Race | Number of Arrests |
|---|---|
| White | 244,700 |
| Black or African American | 114,600 |
| Hispanic or Latino | 63,600 |
| Asian or Pacific Islander | 13,400 |
| American Indian or Alaska Native | 4,700 |
| Other | 8,400 |
Conclusion
In conclusion, resisting arrest is a serious offense that can result in significant consequences. While it may seem like a minor offense, it can escalate the situation and put the safety of law enforcement officers at risk. As this article has shown, resisting arrest is a separate crime from the original offense, and it is important for individuals to understand the potential consequences of their actions.
Table: Resisting Arrest Laws by State
| State | Penalty Range |
|---|---|
| Alabama | Misdemeanor, 1-3 years |
| Arizona | Misdemeanor, 0-6 months |
| California | Misdemeanor, 0-6 months |
| Florida | Misdemeanor, 0-1 year |
| Georgia | Misdemeanor, 0-12 months |
| Illinois | Misdemeanor, 0-364 days |
| Louisiana | Misdemeanor, 0-1 year |
| Michigan | Misdemeanor, 0-1 year |
| New York | Misdemeanor, 0-1 year |
Bullets: Benefits of Compliance
• Resisting arrest can escalate the situation and put the safety of law enforcement officers at risk.
• Resisting arrest can result in significant consequences, including fines and imprisonment.
• Resisting arrest can increase the severity of the underlying offense.
• Resisting arrest can result in the loss of certain liberties.
• Compliance with law enforcement officers is crucial for maintaining public safety.
