Resisting Arrest

Share This
« Back to Glossary Index

Even if innocent a suspect has no right to resist arrest

Resisting an arrest is a misdemeanor. It is also a misdemeanor to interfere with an officer while the officer is engaged in official duties. Resisting arrest typically comes in the form of an arrestee physically struggling with an officer as the officer is placing handcuffs on the arrestee.  

A common defense to resisting arrest is that the officer acted with excessive force. While an arrestee is expected to comply with an officer’s reasonable actions to affect an arrest, the arrestee can defend himself from the unreasonable and excessive force used by the officer.

Related Articles

Federal Criminal Courts

September 19, 2022
The role of the Federal Criminal Courts is to litigate criminal violations of federal law while ensuring fairness and due process for those accused of federal crimes. Federal courts adjudicate complex legal issues while balancing individual rights against competing societal interests. They also play a key role in mediating the roles between federal enforcement agencies…
Read more →

Defendants Rights In Criminal Proceedings

September 19, 2022
The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution's Bill of Rights. This article addresses the rights of the accused in criminal proceedings. According to…
Read more →

Expungement: How to Clear Your Criminal Record

September 19, 2022
Due to today's search technology, nearly anyone has informational access to other people's lives, including whether someone has a criminal record. According to the American Progress for Justice, over 70 million Americans have a criminal record that can come- up on background checks. Criminal Records are Publicly Accessible Purpose of Expungement The primary purpose of expunging…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.