Have you been out for a night on the town and things got out of hand? Or perhaps you didn’t believe that you should be arrested, so you resisted? Has this charge affected your life? Good news, that one mistake doesn’t have to stick with you forever. Call a Baltimore resisting arrest lawyer today to discuss how we can help you get back to your life.
Resisting Arrest Under Maryland Code (§9-408)
Under Maryland Criminal Code 9-408 resisting arrest prohibits a person from intentionally (1) resisting lawful arrest or (2) interfering with an individual who the person has reason to know is a police officer who is making or attempting to make a lawful arrest or detention of another person. The penalty for violating the law is a misdemeanor charge. If convicted, the person is subject to imprisonment not to exceed three years and/or a fine not to exceed $5,000.
If you are convicted of resisting arrest, you can be facing years in prison. This can turn your entire life upside down. Even though it does not seem like a serious offense, it is nothing to ignore. Call a Baltimore resisting arrest lawyer to help you get the best outcome possible.
Associated Resisting Arrest Crimes
Under Maryland Code, resisting arrest falls under Part 1: Harboring and Escape. There is also harboring a fugitive and escape in the first and second degree codified under Part 1. Harboring a fugitive (§9-402) forbids harboring a fugitive to prevent the discovery or arrest after being notified that a felony warrant was issued and being notified that harboring a fugitive is a crime. The punishment is not to exceed imprisonment of a year and/or a fine not exceeding $1,000.
Furthermore, escape in the first degree (§9-404) prohibits a person from knowingly escaping from a place of confinement. It also forbids a person from escaping from a detention center for juveniles and committing an assault in the process of the escape. This crime carries a hefty penalty of a conviction not to exceed ten years in prison and/or a fine not to exceed $20,000. Escape in the second degree prohibits a person who has been lawfully arrested to knowingly depart from the custody without authorization. It also prohibits a person to knowingly fail to obey a court order to report to a place of confinement. The penalty for escape in the second degree is not to exceed three years in prison and/or a fine not to exceed $5,000.
Whether you have been charged with resisting arrest or one of the associated crimes, an experienced Baltimore criminal defense attorney can help you.
Defenses to Resisting Arrest in Baltimore, Maryland
The three elements that the State must prove in order to have a successful conviction is that (1) a police officer arrested, (2) the arrest was lawful and (3) the defendant refused to submit to arrest. There are a few defenses that can be used to prove that you did not unlawfully resist arrest.
This defense is about claiming that the arrest was not legal in the first place. Even though, you should still comply with an officer, an unlawful arrest isn’t within the scope of the officer’s duty.
Here, you claim that you were not resisting arrest, but rather you were acting in self-defense against the officer’s excessive use of force.
The Officers did not Identify Themselves
If the officer did not identify him or herself, then you cannot be held liable for resisting arrest.
When it comes down to it the judge gets to decide if you were resisting arrest. Don’t let your future be decided for you. Contact a Baltimore resisting arrest lawyer to help you create a solid defense today.
Our Baltimore Resisting Arrest Lawyers Can Help
Though resisting arrest should be avoided, we understand that sometimes things escalate and get out of hand quickly. If you have been charged with resisting arrest, you need an experienced attorney who will walk you through what you need to do to mitigate circumstances. Contact the Law Offices of Randolph Rice for a free consultation today.