Being arrested in public is awful. We hate the humiliation of it and it is tempting to resist arrest. But, whether you are in the right or in the wrong, when the police in Claremore, Oklahoma try to arrest you and you resist, you may get yourself into further trouble.
If you resist arrest, not only will you be arrested for the underlying charge, but the prosecutors will add a charge of resisting arrest. Here are some things that you might want to know about resisting arrest in Claremore, Oklahoma.
Resisting Arrest in Oklahoma
In Oklahoma, resisting arrest is defined as knowingly resisting, either through the use of force or violence, the action of any executive (law enforcement) officer in the performance of his or her duty. Okla. Stat. tit. 21 § 268. It is a misdemeanor.
These are the elements of the crime:
- by use of force or violence;
- a peace or executive officer; and
- in the performance of his or her official duties. OUJI-CR 6-47.
What Constitutes Resisting Arrest
The resistance must be by force or violence. There must be some aggression from which the force or violence can be inferred. Words alone, even loud and angry words, are not enough. Resisting arrest includes harming or attempting to harm an officer during an arrest. It can also include struggling as an officer attempts to handcuff you or apply other restraints.
That the resistance be knowing is to say that if the police officer is out of uniform, or has not clearly identified himself or herself as an officer, then the element of knowledge is not met.
Most of the cases revolve around the issue of whether the arrest is unlawful. There are some situations in which an officer may arrest you without an arrest warrant. These situations usually involve a crime being committed in the officer’s presence. In that case, or in any other case in which a police officer has probable cause, you can be arrested without a warrant being issued for your arrest. Some of these may include being intoxicated in public or while in control of a vehicle, or where the officer has probable cause to believe that you have committed an act of domestic violence in the past four hours or if you are acting in violation of a protective order.
However, if the arrest is unlawful, you may lawfully resist arrest, as long as only reasonable force is used to resist the arrest. The use of a deadly weapon while resisting arrest is not reasonable. This is an area of the fact and law that can lead to a possible defense. But it is a complicated area of the law and small facts can make a big difference. Make sure you speak to an experienced criminal defense attorney in Claremore.
The crime is chargeable as a misdemeanor. And if convicted, you could spend as much as one year in jail and could be required to pay a fine.
If you or a loved one are being charged with resisting arrest, it is important to talk to an experienced Claremore criminal defense attorney as soon as possible to understand your possible defenses and options under the law.
Free Consultation With An Experienced Claremore Criminal Defense Attorney
Call the Claremore Lawyer today. We are here and ready to help you. And the initial consultation is free. Call us at (918) 213-0950. If you prefer written correspondence, submit your question using the form at the top right of this page.
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