A resisting arrest charge in Birmingham, Alabama, can create serious problems for a defendant. These allegations often come alongside other criminal charges. Don’t assume you can explain what happened to a judge, and the charges will be dropped or dismissed.
If you’re facing charges for resisting arrest in Birmingham, Jaffe, Hanle, Whisonant & Knight, P.C., can help you protect your rights, review what happened during the arrest, and make sure your side of the story is heard.
Contact the firm today at (205) 930-9800 to schedule a free case evaluation with a Birmingham resisting arrest lawyer.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. for Help If You’re Arrested for Resisting Arrest in Birmingham, AL?
A resisting arrest charge can affect your freedom and create problems that follow you after the case ends. Jaffe, Hanle, Whisonant & Knight, P.C. takes these allegations seriously and brings more than 100 years of combined legal experience to criminal defense cases.
Clients turn to our Birmingham criminal defense attorneys for several reasons:
- Our attorneys have 100 years of combined legal experience
- Two senior partners who have served as presidents of the Alabama Criminal Defense Lawyers Association
- National Trial Lawyers Top 100 recognition and 10.0 “Superb” Avvo ratings
- Clear, direct communication throughout the case
Our attorneys offer no-cost, confidential consultations for people accused of resisting arrest in Birmingham, AL. Contact us today to discuss the charge and how our legal team can help you protect your rights and build a strong criminal defense.
Overview of Resisting Arrest in Alabama
Under Alabama law, a person commits resisting arrest by intentionally preventing or attempting to prevent a peace officer from making a lawful arrest of that person or someone else.
Conduct that may lead to a resisting arrest charge includes:
- Pulling away from an officer during an arrest
- Running after being told you are under arrest
- Struggling during handcuffing
- Blocking an officer who is arresting another person
- Using force to interfere with an arrest
- Helping someone else avoid a lawful arrest
Physical violence or injury is not required. The prosecution must show that the person intentionally acted to prevent or interfere with a lawful arrest.
What Are the Penalties for Resisting Arrest in Birmingham, Alabama?
Resisting arrest is a Class B misdemeanor in Alabama. A conviction can result in up to six months in jail and a fine of up to $3,000.
Resisting arrest itself remains a misdemeanor. However, conduct during an arrest that injures an officer, involves a weapon, or amounts to a separate criminal offense could lead to additional charges, depending on the facts.
Our Birmingham resisting arrest attorneys can evaluate the unique circumstances of your case to build a robust defense, working to mitigate these penalties or challenge the legality of the arrest itself.
By thoroughly investigating police body-camera footage, witness testimonies, and procedural adherence, we work to protect your rights and minimize the impact on your permanent record.
What Defenses Can Be Raised if I’m Arrested for Resisting Arrest?
Several legal and factual defenses may be available in a Birmingham resisting arrest case. The right defense depends on what happened before and during the arrest.
Lack of Intent
The law requires proof that you intentionally tried to prevent the arrest. If your movements were accidental, instinctive, or misunderstood, the prosecution may have difficulty proving the required intent beyond a reasonable doubt.
For example, confusion during a stressful encounter or an involuntary movement does not automatically amount to resisting arrest. The surrounding circumstances matter.
Unidentified Officer
Whether you knew or reasonably understood that you were dealing with a law enforcement officer may be relevant to the intent element. This issue can become important when an officer is in plain clothes or does not clearly identify themselves.
The facts surrounding the encounter, including what the officer said and did, may help determine whether the prosecution can prove that you intentionally resisted an officer making an arrest.
Verbal Disagreement Only
Arguing, protesting, or expressing anger does not automatically constitute resisting arrest. Physical force is not required, however.
Words or other nonphysical conduct may support a charge if the prosecution can prove that the conduct was intentionally used to prevent an officer from completing a lawful arrest. The key issue is whether the person intended to interfere with the arrest, not simply whether they disagreed with the officer.
Unlawful Arrest
Alabama’s resisting arrest law applies only when an officer is making a lawful arrest. If the prosecution cannot establish that the officer had lawful grounds to make the arrest, that issue may provide a basis for challenging the resisting arrest charge.
An arrest is not automatically unlawful simply because the original charge is later dismissed or the person is found not guilty. The question is whether the officer was legally authorized to make the arrest based on the circumstances at the time.
Every case depends on its own facts. A Birmingham criminal defense lawyer can review the arrest, available video, witness statements, police reports, and other evidence to determine which issues may be important.
Schedule a Free Case Review with Our Birmingham Resisting Arrest Lawyers Today
If you are facing a resisting arrest accusation in Birmingham, acting early can help preserve evidence and give your lawyer more time to examine what happened. Jaffe, Hanle, Whisonant & Knight, P.C. can review the charge, explain the court process, and identify issues that may affect the case.
To discuss your situation in confidence, contact us today to schedule a free case review with a Birmingham resisting arrest attorney. We are available by phone 24/7.