Can You Legally Resist Arrest in Alabama?
Being arrested is stressful for a defendant, and can even be angering, especially if you believe the arrest is unfair or unlawful. In that moment, many people wonder whether they have the right to physically resist, pull away, or refuse to comply with officers. The short answer is no; resisting arrest is generally a criminal offense, even when you believe the arrest is unjustified.
Resisting during what you consider a wrongful arrest can turn a situation where you might have been released or never convicted into a new criminal charge that stands on its own.
Alabama Law on Resisting Arrest
In nearly all circumstances, Alabama law prohibits intentionally preventing or attempting to prevent a peace officer from making a lawful arrest, whether the arrest is of you or of someone else.
Some of the confusion around this law comes down to one word in the statute – “lawful.” Whether an arrest was actually lawful can become an important question later in court, and if it turns out the arrest wasn’t valid, that can significantly affect how a resisting charge and the underlying case are resolved.
Whether an arrest is lawful is ultimately decided in court, not during the arrest itself. Even if you believe an officer is acting unlawfully, physically resisting can lead to additional criminal charges and make an already dangerous situation worse.
What Is Considered “Resisting”?
Resisting arrest covers far more conduct than most people realize. Some behaviors that might qualify include:
- Pulling away from an officer
- Running away
- Struggling during handcuffing
- Tensing your arms to prevent handcuffing
- Physically interfering with officers
- Using force against law enforcement
- Encouraging others to interfere with the arrest
It’s not required that you take a swing at an officer or cause injury. Ultimately, every case depends on the specific facts and the context surrounding the situation.
What Are the Penalties for Resisting Arrest in Alabama?
Resisting arrest is generally a Class B misdemeanor in Alabama. A conviction can carry up to six months in jail, along with fines, probation, and court costs.
The charge is often paired with other ones, though. Resisting arrest frequently appears alongside other charges arising from the same encounter, such as assault, disorderly conduct, obstructing governmental operations, or drug and weapon offenses discovered during the arrest.
Can You Be Charged With Resisting Arrest Even if the Original Charges Are Dropped?
Yes. Resisting arrest is a separate criminal offense from the charge that led to the arrest. If the original arrest was lawful, prosecutors can still pursue a resisting arrest charge even if the underlying charges are later dismissed or you are found not guilty.
Because each charge is evaluated independently, the outcome of one case does not automatically determine the outcome of the other.
Legal Defenses To Resisting Arrest Charges
If you’re facing a charge of resisting arrest, you may have legal defenses that could protect your rights and your future. Just because you’ve been accused does not mean you’re automatically guilty.
Depending on the facts of your case, your attorney may argue that:
- The arrest wasn’t lawful: Alabama’s resisting arrest statute applies only to lawful arrests. If the officer lacked probable cause or another legal basis for the arrest, that may serve as a defense to the charge.
- Your actions didn’t legally constitute resisting arrest: Not every movement during an arrest amounts to resistance. Reflexive movements, stumbling, or asking questions generally are not the same as intentionally preventing an officer from making an arrest.
- Your constitutional rights were violated: An unlawful stop, illegal search, or improperly obtained statement may result in key evidence being excluded from court, making it more difficult for the prosecution to prove its case.
The strongest defense depends on the specific facts of your arrest. An experienced criminal defense attorney can evaluate the evidence, identify potential constitutional issues, and determine the best strategy for your case.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. To Schedule a Free Consultation With a Birmingham Resisting Arrest Attorney
Resisting arrest in Alabama, while a misdemeanor, is still a serious charge and often comes alongside other serious charges. If you’re in this situation, it’s important to talk to a criminal defense lawyer as soon as possible.
Jaffe, Hanle, Whisonant & Knight, P.C. is familiar with the law and will do everything we can to present the strongest defense in your case. Call us today to schedule a free consultation with a Birmingham resisting arrest lawyer.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800