Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Resisting an Officer in Louisiana
If you have been charged with resisting an officer, you should know that there are several options open to you. While Louisiana law frowns upon resisting lawful arrest, it is not always necessary to resist an officer to avoid an arrest. If you do, you could face a prison sentence and a maximum fine of $2,000 for resisting. If you have been charged with resisting an officer in Louisiana, it is a good idea to contact a Louisiana criminal defense law firm to help you understand your rights and possible defense options.
Criminal charges for resisting an officer in Louisiana
Resisting an arrest is a crime in Louisiana and you can face a misdemeanor or felony depending on the circumstances. The crime becomes a felony if you attempt to use force against the arresting officer. Even if the arresting officer is not hurt, you can still face criminal charges. The Barkemeyer Law Firm in Louisiana has handled numerous cases like this and is familiar with the law.
If you resist an arrest without using violence, you may be arrested for a misdemeanor. This crime carries a fine up to $500 and up to six months in jail. In Louisiana, however, resisting an officer with force or violence is a felony that carries a sentence of one to three years in jail. If you resist an arrest, you should be prepared to pay a large fine.
The Barkemeyer Law Firm is experienced in dealing with criminal cases of resisting an officer. We have represented individuals accused of resisting an officer in courts across the state. Our attorneys practice criminal defense in New Orleans, Metairie, Gretna, Belle Chasse, and St. Bernard, Charles, and St. John. We also serve individuals in Caddo, Webster, Covington, Bossier, and Jefferson. For more information about how we can help you, contact us today.
If you are accused of resisting an officer, you should seek immediate legal representation. By hiring a criminal defense lawyer, you can fight the charges and avoid prison time. Contact us today to learn how we can fight the charges against you. Your criminal defense attorney will fight to get you the best possible outcome in your case. If you are facing criminal charges for resisting an officer, call us for a consultation.
If you were arrested and charged with resisting an officer in Louisiana, you may be wondering if you are eligible for a legal defense. Fortunately, there is a solution! Contact a criminal defense attorney to fight your charges. You may be eligible for a reduced charge or even a dismissal of the charges. If you’ve been charged with resisting an officer, you should contact an attorney right away. A lawyer can help you avoid jail and a heavy fine.
In the past, resisting an officer was considered a simple crime. But with the recent amendment of the Louisiana Code, this offense could be considered a hate crime and can result in up to five years in prison. The state has also changed its hate crime laws and a felony conviction can lead to a fine of up to $5,000. Also, if a charge is added on top of a misdemeanor, it can result in a $500 fine and up to six months in jail.
When it comes to a criminal charge of resisting an officer, the state must prove that the arresting officer was doing his job legally and that the defendant knowingly interfered with his or her duty. This can include using physical force to escape from an officer or threatening to hurt an officer. Whether resisting an officer is legal or not is determined by the facts of the case. However, a resisting arrest charge can affect a person’s criminal record and other factors.
If you’re charged with resisting an officer, you should immediately contact a Louisiana criminal defense attorney to get your case resolved as quickly as possible. You should not attempt to fight an officer, as it could make your situation worse. Instead, you should follow the officer without fighting him. Contact a Resisting an Officer Lawyer in Louisiana to learn more about the process. The Barkemeyer Law Firm in New Orleans, Shreveport, and Covington is an experienced criminal defense firm that focuses on fighting criminal cases.
Lack of intent
If you were arrested for resisting an officer without violence, you may have a strong defense. While it may seem unfair that a peace officer could accuse you of attempting to pull away when you were not actually under arrest, the truth is that you may not have intended to do any of these things. Furthermore, while the officer may accuse you of arguing with them, the factual evidence that was presented by the other side may prove the opposite.
The elements of felony resisting an officer must be proven beyond a reasonable doubt by the prosecutor, and the judge must decide whether the prosecutor has met this burden. Ultimately, it is essential that the prosecution proves that the defendant intended to hinder the arrest by resisting or obstructing the officer. The defendant must have known that he was resisting an officer, but the conduct need not be dangerous.
During an arrest, an officer is required to ask the accused if they know that they are an officer of the law. However, the court must also be satisfied that the officer has reasonable suspicion that warrants detention. Alternatively, the police officer can be engaged in their on-duty duties when they make and arrest.
Substantial risk of physical injury
If you resist a police officer, you may be facing the possibility of jail time. Louisiana has a statute that applies when a subject puts the officer at risk of physical injury. While other states require that a person retreat before being charged with resisting an officer, Louisiana does not have such a statute. Instead, a law-abiding citizen may choose to stand his or her ground. A judge or jury cannot consider the possibility of retreat in determining whether the person is guilty of resisting.
For your actions to be considered resisting an officer, you must present a substantial risk of physical injury. Substantial risk of physical injury does not mean you are causing the officer any actual harm. It means that the physical condition of the person resisting arrest could be seriously impaired if the person did not comply with the arresting officer’s instructions. For example, if a person tries to resist arrest by shouting or throwing a beer bottle, the officer can be harmed by the object.
While it can be frightening to be arrested, resisting an arrest is the last thing you need during this difficult time. It can cost you even more time in jail and stress. An attorney knowledgeable in Louisiana resisting arrest laws can help you fight the charges against you. Let a criminal defense attorney help you get a fair shake. With a skilled attorney by your side, you can be sure that your case will be resolved in a timely fashion.
Requirements for hiring a lawyer
If you have been arrested for resisting an officer, you may wonder whether you should hire a lawyer. In Louisiana, resisting an officer is a criminal offense, and you can face a misdemeanor or felony charge. To try to avoid the consequences of a conviction, contact a criminal defense attorney to fight the charges. Our lawyers have a lot of experience fighting for clients accused of resisting arrest.
You may not have to appear in court for a misdemeanor case, but you can choose to represent yourself in absentia. You can waive your appearance in court by filing a notarized affidavit. In some cases, Louisiana courts will even conduct misdemeanor trials in absentia, so you can hire a Louisiana lawyer to defend you in court.
If you are charged with resisting an officer in Louisiana, you need to contact an attorney as soon as possible. An experienced lawyer will evaluate the prosecutor’s case and develop your defense strategy. If you believe that your arrest was illegal, your lawyer will make this defense a priority. By hiring a Louisiana lawyer, you can avoid a hefty fine and a ruined future.
While physical force is the easiest way to prove that a person is resisting an officer, it is not always sufficient. The prosecution must prove that the defendant intentionally interfered with law enforcement or hindered the arrest process. This charge may even include actions like refusing to accept a parking ticket or speeding citation. You must also prove that the police officer was acting in their official capacity and with lawful authority.
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.