If you’re facing charges for resisting arrest in Indianapolis, IN, it’s crucial to understand your legal options and the gravity of the situation. A conviction can have far-reaching impacts beyond just legal penalties, leading to other collateral consequences that can affect your life for years to come.
In these cases, it’s essential to work with a skilled Indianapolis criminal defense attorney. At Suhre & Associates, LLC, we have over a century of collective experience to put behind your case.
If you need help dealing with a criminal charge, contact our law office at (317) 759 2599 to schedule a free initial consultation with an Indianapolis resisting arrest lawyer.
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How Suhre & Associates, LLC Can Help If You’re Charged With Resisting Arrest in Indianapolis, IN
If you’re charged with resisting arrest, Suhre & Associates, LLC is here to help.
Here’s how our Indianapolis criminal defense lawyers can assist:
- We’ll review police reports, witness statements, and any video footage to assess the prosecution’s case and identify weaknesses.
- Our legal team will ensure that none of your constitutional rights were violated during or after the arrest. If they were, we can file appropriate motions, like a motion to suppress any illegally obtained evidence or statements.
- We will negotiate plea deals with prosecutors to get your charges reduced if possible. It’s always your choice whether to take a deal or go to trial.
Don’t face your resisting arrest charges in Indianapolis, Indiana, alone. Contact our law firm for a free consultation with an experienced Indianapolis resisting arrest attorney.
Overview of Resisting Arrest in Indiana
Under Indiana law, resisting arrest is a serious offense that may arise in several contexts:
Forcibly Resisting an Officer
This includes physical acts against police officers attempting to perform a lawful arrest or executing their duties. If you actively fight back, use physical force, or create any significant obstacle that prevents the officer from fulfilling their role legally and safely, you could be charged with resisting arrest.
Fleeing from Law Enforcement
Even if no force is used against an officer directly, simply running away can lead to charges of resisting arrest if the fleeing individual knows an identifiable law enforcement officer is telling them to stop.
Violating Perimeters Established for Public Safety
In instances where officials have set up barriers for safety reasons – a crime scene, emergency response area, or similar situations – and a person knowingly bypasses these barricades after being expressly told not to enter, they could be charged with resisting arrest.
Navigating a resisting arrest charge in Indiana can be challenging, but understanding the law is your first step to building a strong defense.
What Are the Penalties For Resisting Arrest in Indiana?
In Indiana, evading law enforcement is a serious offense that can be classified either as a misdemeanor or a felony, depending on the circumstances.
Misdemeanor Charges for Resisting Arrest
Typically, resisting arrest is classified as a Class A misdemeanor. Offenders convicted under this classification could face up to one year of incarceration and may be fined as much as $5,000.
These misdemeanor charges tend to be applied in less severe instances, such as fleeing without causing physical harm or injuries, resisting arrest without carrying a weapon, or if it is a first-time offense.
Felony Charges for Resisting Arrest
However, the situation can escalate to a felony charge under certain circumstances. For instance, if the evasion results in a dangerous police chase, causes serious injury or death, or involves the use of a weapon, the offense is upgraded to a felony.
Felony convictions bring about harsher penalties, including extended prison sentences – even up to 30 years in some cases – and higher fines. Additionally, being convicted of a felony carries long-term consequences that can significantly impact an individual’s criminal record and future opportunities.
What Defenses Can Be Raised If I’m Arrested for Resisting Arrest in Indianapolis, IN?
When faced with charges for resisting arrest in Indiana, it’s essential to craft a defense strategy tailored to the specifics of your case. Here are a few legal defenses that may be applicable:
Defense Related to School Resource Officers
Under Indiana law, if you are accused of resisting arrest, one key defense is the exemption involving school resource officers. You cannot be charged with resisting arrest for fleeing from a school resource officer conducting duties within that capacity.
Defense for Entering Prohibited Areas
Another defense pertains to situations involving entry into an area that has been restricted for public safety reasons. If you enter an established off-limits zone because you reasonably believe a family member is hurt or in imminent danger, this could form the basis of your defense. Eligible family members include your child, grandchild, parent, grandparent, or spouse.
This argument will not stand if you are being charged in connection with the incident that prompted the area’s securing in the first place.
Not Resisting
A defendant can argue that they were compliant with the officer’s commands and contend that their actions did not constitute resistance. Additionally, they can argue that any perceived resistance was due to a lack of understanding of the officer’s instructions rather than an intention to obstruct arrest.
Another part of this defense is to argue that the defendant didn’t know that the person they were dealing with was a police officer.
Ultimately, determining what defense is best will be done by your criminal defense lawyer in Indianapolis.
Dealing with a resisting arrest charge in Indiana can be overwhelming, as it carries significant consequences. Each case comes with its challenges and nuances, making it essential to work with experienced legal representation. Even seemingly straightforward situations may turn into complex legal cases, so trying to handle the charges on your own is not advisable.
If you need help with a criminal matter related to resisting law enforcement, contact Suhre & Associates, LLC for a free consultation with an Indianapolis resisting arrest lawyer.
