Resisting Arrest in Pennsylvania

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If you have been charged with a crime, you should speak to an experienced criminal defense attorney to learn your rights and options. We handle the defense of most crimes, including resisting arrest. You have the right to defend yourself even from the police; plus, you have the right to free speech and peaceable assembly.

Often, we see a fine line between the exercise of these constitutional rights versus conduct that amounts to “resisting” arrest. The charges against you may not stick. Or, in the alternative, we may get the charges reduced considerably. Plus, depending on how the police treated you, exactly, you may have a claim for civil damages, which our law firm would also handle if the facts rise to the level of a compensable injury. We have entire section of our law firm devoted to litigation of civil matters.

In the meantime, in relation to the charge against you for “resisting arrest,” below you will find the actual text of the Pennsylvania statute governing these charges in Pennsylvania. This was current as of July 2010. Our Pittsburgh criminal defense law firm is primarily in the business of fighting for defendants’ rights; we are not in the business of updating websites, but wanted to at least give you some information for educational purposes, only. You should talk to a lawyer for legal advice to fully learn your rights in Allegheny, Beaver, Butler, Washington, and Westmoreland Counties. We will explain to you the resisting-related crime, possible punishment, and all your options.

18 Pa.C.S.A. § 5104. Resisting arrest or other law enforcement
A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.

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