Are you being charged with resisting arrest in Lexington, KY? This charge may come out of a misunderstanding during a stressful encounter, or you may feel you weren’t resisting at all.
At Suhre & Associates DUI and Criminal Defense Lawyers, we have over 100 years of combined experience. Our Lexington criminal defense lawyers can present your side of the story and push for a dismissal or a not guilty verdict.
Contact us today, or call us at (859) 569-4014 to schedule a free consultation.
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Why Choose Suhre & Associates if I’m Being Charged for Resisting Arrest in Lexington, KY?
If you’re facing a resisting arrest charge in Lexington, Kentucky, you need an experienced criminal defense lawyer who can help you build a strong defense.
Here’s why you can trust Suhre & Associates:
- We have over 100 years of combined experience in criminal defense.
- Our team includes ex-police and ex-prosecutors who can anticipate the other side’s tactics.
- Members of our legal team have a 10.0 Avvo rating and have been recognized by The National Trial Lawyers “Top 100.”
Call us to arrange a free consultation with a Lexington criminal defense lawyer.
Overview of Resisting Arrest in Kentucky
In Kentucky, someone can be charged with resisting arrest when they knowingly and intentionally try to prevent a peace officer from lawfully making an arrest. Intent is a crucial element for this charge. The prosecution must demonstrate that a person was actively trying to avoid being arrested, not merely being confused or caught off guard.
Examples of resisting arrest include kicking, hitting, and biting the officer, or throwing objects at them to try to avoid the arrest. The prosecutor must also show that the defendant knew or reasonably should have known that the person was a law enforcement officer working in an official capacity at the time.
Self-Defense and Excessive Force
Kentucky law does permit a person to defend themselves against excessive or unreasonable officer force, but only if their actions are truly proportional to stop that extreme force.
What Are the Penalties for Resisting Arrest in Lexington, Kentucky?
Resisting arrest in Lexington, Kentucky, is classified as a Class A misdemeanor. carrying up to 12 months in jail and a $500 fine if convicted. If, while resisting arrest, you injure the officer, you could be charged with felony assault, facing up to 5 years in prison. These harsh sentences make it essential to work with a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I’m Charged for Resisting Arrest?
If you’re charged with resisting arrest in Kentucky, there are legal defenses you can use to argue against the prosecutor’s case. Common ones include:
Lack of Intent
One of the primary elements of the crime is that you were intentionally resisting arrest. Your lawyer can argue that you didn’t knowingly or purposefully try to stop the officer from arresting you, but you just made a split-second decision because you were caught off guard.
Failure to Identify as Law Enforcement
If the person arresting you was not recognizable as a law enforcement officer or did not announce their authority clearly, you might not have known they were acting in an official capacity. This lack of identification can be used as a defense.
Completed Arrest
Resisting arrest must occur during the process of a lawful arrest. If you’re already handcuffed and the arrest is completed, additional acts may fall under other charges—such as escape or assault—rather than resisting arrest. If any alleged actions took place after this point, those actions would not be considered resisting arrest under the law.
Response to Excessive Force
Law enforcement is required to use reasonable measures when making an arrest. If you only reacted to unreasonable or unnecessarily violent behavior from the officer, you may have grounds for a legal defense, provided your reaction was proportionate to the threat.
Exercise of Legal Rights
Silence, refusing to make statements, or respectfully asking for a lawyer do not qualify as resisting arrest. If you were simply exercising your rights rather than actively interfering, this can be used as a defense.
Running Isn’t Resisting Arrest
You can also argue that the only thing you did to “resist” the arrest was to run away. Under the law, this isn’t considered behavior that would qualify under this statute. However, you could be charged with evading the police instead.
Every case is different, and the only way to figure out what defense is best for your case is to speak with a legal professional.
Schedule a Free Case Evaluation With Our Lexington Criminal Defense Attorneys
If you’re facing a resisting arrest charge, don’t try to navigate the legal process on your own. A conviction in Kentucky can have lasting effects on every aspect of your life. You need a lawyer who can investigate the claims against you and find evidence to show you shouldn’t be convicted. Our team can assist you with this, and we’ll strive to make the process as straightforward as possible.
Reach out to Suhre & Associates to schedule a free case evaluation with a Lexington criminal defense attorney.
