According to the Statutes, resisting an officer is willful and knowing resistance, interference, opposition or obstruction of an officer of the law whom the law has authorized to make an arrest, detention, property seizure or carry out any lawful process when the person knows the officer is only doing his duty. This resistance or obstruction may be trying to flee from the officer or using violence. It also includes refusing to give his identity or providing false information.
This is considered a serious offense and is classified under a felony. In this way, it has very serious repercussions.
The Louisiana State laws state that an officer is any peace officer, sheriffs, probation officers, prison guards, police officers, parole officers, park rangers, city marshals and their deputies and other law enforcement personnel.
These officers have been authorized by the state to carry out some duties regarding law and order. In any case, you flaunt any of the rules, they have the right to arrest or detain to. Resisting them becomes an issue as it comes with its penalty. You are supposed to keep your cool, listen to what they have to say and provide any necessary information. Note that providing false information is also a form of resistance.
All these vary from state to state. This is why you should know the laws of your state of residence concerning resisting an officer.
As aforementioned, resistance from officer laws varies from state to state. In some places, it could just be mere refusal to talk to the officer and in other cases, violence has to be there. Some states may accept non-threatening disagreement with the officer while some wouldn't.
Like a lot of offenses and crimes, resisting an officer has defenses which you can use for yourself in a court of law. A professional criminal defense attorney can also help you come up with the right defense. Here are some of them:
· Self-defense: This happens in a situation where the officer tries to act violently. Here, you may say that whatever you did was for self-defense. For instance, if an officer is trying to shoot, the person may fight back to save himself. In a case where the arrestee acts violently first towards the officer, this defense is baseless.
· Unlawful arrest: This happens in a case where the law did not authorize the arrest or there was no cause for it. However, some states have ruled out this defense, stating you must submit to the officer of the law, whether the arrest is authorized or not.
As usual, your lawyer should be able to weigh every circumstance surrounding the situation and come up with the best defense for you. In this way, you may end up having reduced or dismissed charges.
As the offense is a felony, it has serious penalties. As someone guilty of the offense of resisting an officer, you could be given any or all of these penalties:
· Serving a jail term: You will be required to serve a jail term at the county jail or parish jail.
· Fine: You'll also pay a fine stipulated by the court of law.
· Probation: You may be sent on probation to regularly meet with a probation officer. Note that there are usually terms and conditions that come with this which the court will reveal to you.
· Community service: This could also be a part of probation as the court will require you to do community service for certain hours every day.
In Lake Charles, the penalty for resisting an officer is to serve a jail term of not more than six months with a fine of not more than five hundred dollars.
If you've been arrested and charged with resisting an officer in Lake Charles, then you need to get a resisting an officer lawyer in Lake Charles as soon as possible. It should be a well-experienced criminal defense attorney who knows the laws guiding your state of residence very well and can be able to help you. The lawyer should be able to know the defenses recognized by your state and know which one to apply in your case. Also, he or she should have the right negotiation skills that will bring a change in your charge.
If you or your loved one has been arrested for resisting an officer, reach out to Carl Barkemeyer today. Carl Barkemeyer is a professional criminal defense attorney who has been helping residents of Louisiana with their cases for a long time. He has all the knowledge and necessary skills needed for your case.
We acknowledge the importance of a defense mechanism in your case and this is why we come up with one that will help you. We aim to put you on a bright side in court so that you can get a reduced or dismissed charge.
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H. Taylor - Baton Rouge, Louisiana