Have you been charged with resisting arrest in Louisville, KY? Contact our Suhre & Associates DUI and Criminal Defense Lawyers for a free consultation at (502) 371-7000.
Our Louisville criminal defense lawyers have more than 100 years of combined experience handling all types of criminal defense, such as resisting arrest for DUI, drug crimes, and sex crimes. We can help protect your future by fighting diligently to defend you against your charges.
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Why Choose Suhre & Associates to Help Me if I’m Charged With Resisting Arrest in Louisville?
Defendants in Louisville, Kentucky, know they can turn to Suhre & Associates because:
- Our team includes former prosecutors and police officers, so we can understand your case from all angles.
- Our lawyers have been recognized by Super Lawyers and The National Trial Lawyers Top 100.
- We have an in-depth understanding of Kentucky criminal law and can use that knowledge to help you.
It is common for people to get nervous or defensive when approached by the police. This can even cause some individuals to get combative, and that behavior may lead to resisting arrest charges. If you are facing these allegations, you need a caring and compassionate Louisville criminal defense lawyer who will take the time to listen to your side of the story.
If you are facing a charge of resisting arrest, contact our team today. Schedule your free consultation with one of our Louisville resisting arrest lawyers, and let us use our experience to help you.
Overview of Resisting Arrest in Kentucky
Kentucky law states that a person has committed the offense of resisting arrest when they intentionally prevent or attempt to prevent their arrest or the arrest of another person. This may be done by:
- Using or threatening to use physical force or violence
- Any other means that create a substantial risk of physical injury
Resisting arrest is a Class A misdemeanor in Kentucky. However, those charges can be increased to felony charges if violence is used against the officer. Even threats of violence may be enough to get felony charges in these cases.
It is important to remember that remaining silent is not resisting arrest. You have a constitutional right to remain silent during and after your arrest. Although you do not have to answer any questions, you should comply with the officer’s lawful commands to avoid a potential resisting arrest charge.
What Are the Penalties for Resisting Arrest in Louisville, Kentucky?
You may face harsh penalties if you are convicted of resisting arrest. A basic resisting arrest charge is classified as a Class A misdemeanor. Conviction for this charge may carry penalties of:
- Up to $500 fine
- Up to 12 months in jail
If violence was used in the process of resisting arrest, your charges may be bumped up to a Class D felony. A conviction for a Class D felony is even more serious. That may carry penalties of:
- A fine of up to $10,000
- One to five years in prison
Given the serious nature of these consequences, it is important that you have a criminal defense lawyer on your side who will fight diligently to protect your rights. The team at Suhre & Associates will fully investigate the charges against you and look for all possible defenses to help prove your innocence.
What Defenses Can Be Raised if I’m Accused of Resisting Arrest?
Resisting arrest charges can be very subjective, and they often hinge on the arresting officer’s discretion concerning the conduct that took place. Just because you have been charged with resisting arrest does not automatically mean that you are guilty. There are several defenses you may be able to raise, such as:
- Justifiable self-defense: If the arresting officer used excessive force, you may have had the legal right to defend yourself in order to protect against harm.
- Lack of identification: A police officer must identify themselves as such when making an arrest. If you did not know the person attempting to arrest you was a police officer, you may be able to avoid a conviction.
- Improper Arrest: If the police officer lacked sufficient probable cause to make the underlying arrest, your resisting arrest charge may also be invalid.
- Lack of Intent: According to Kentucky law, a resisting arrest charge requires an intent to resist. If you can show that you lacked the required intent, you may be able to get an acquittal.
The best way to identify the available defenses to your resisting arrest charge is to seek help from an experienced lawyer.
Schedule a Free Consultation With Our Louisville Criminal Defense Lawyers
If you are facing a charge for resisting arrest in Louisville, KY, the experienced team at Suhre & Associates is here to support you. You don’t have to let these charges ruin your record and reputation. We will go to work right away, working to get these charges reduced or dismissed.
Contact us today to schedule a free consultation with a Louisville criminal defense attorney who is ready to help.
