Resisting Arrest Records
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Overview of Federal Laws About Resisting
The term “resisting” is an ambiguous term and needs to be clarified for the study of the relevant laws governing the implied offense. Hence, it is imperative to understand the implied meaning of the term, which maybe anyone one of the following:
The offense of resisting public servants or employees of the United States Government ( as designated in Section 1114 of Title 18 of the US Code i.e. 18 USC § 1114) in such a way that the resistance intimidates, hinders, interferes or prevents the public servant or employee of US Government from his or her duties and obligations.
- The said offense is notified under Section 111 of Title 18 of the US Code (18 USC § 111). 18 USC § 1114 pertains to protection of employees and officers of the US Government.
- The said “resistance” always carries an element of assault. Legally, the term assault also includes attempted assault, the threat to commit assault or to knowingly create conditions and circumstances which make physical injury or unwanted physical contact unavoidable. For example, obstructing the path the aforesaid employee or public servant which makes unavoidable physical contact necessary to clear the way, may amount to assault by the person creating the obstruction. The only caution for the public servant or employee is to avoid unnecessary use of force.
- Upon prosecution of the offender, the conviction and/or penalties are prescribed on the basis of the type of assault.
Usually simple assault includes the offenses of attempting or threatening assault without physical injury to the victim. Under the specified Federal Laws for “resisting”, even the exclusion of unwanted physical contact is mandated. Simple assault qualifies as a Class A Misdemeanor and carries a supervised release term of not more than one year, prison term of not less than 6 months and not more than 1 year subject to revocation of supervised release and a maximum fine of $100,000. The Court may also sentence the offender to undergo probation of not more than 5 years instead of serving the prison term.
Aggravated Assault includes any act that causes physical injury with or without the use of weapons or an assault during the commission of a felony. Under the specified Federal Laws for “resisting”, unwanted physical contact also amounts to aggravated assault because public servants and US Government employees qualify as a protected class of citizens, just like healthcare service providers, social workers, the disabled and the elderly.
Aggravated assault is a Class D felony carrying a prison term of 5 to 10 years which may or may not include a supervised release term of not more than 5 years and a prison term of not more than 5 years if the supervised release term is revoked. The Court may also decide to sentence the offender to a probation term of 1 to 5 years instead of a prison term. Additionally, the law prescribes a maximum fine of $250,000 for aggravated assault i.e. a Class D felony.
The offense of resisting arrest by a Public Servant under Code of Federal Regulations (25 CFR § 11.434). This Statute is notified under Title 25; hence it only pertains to Regulations instituted for Native Americans and not any other citizen of the US. Resisting Arrest is an offense of preventing a public servant from conducting a lawful arrest by means of evading the public servant or compelling the said public servant to use necessary force to subdue the resistance.
- Resisting arrest qualifies as a misdemeanor under Federal Law, even if it qualifies as a felony under a State Law.
- Federal laws give ample discretion to the governing Court or Council to define the class of the misdemeanor, based on facts leading to the offense.
- 1 Felony Driving While Intoxicated- Prior Offender 2.felony Resisting Arrest By Fleeing
- Patrol Charge - Failure To Obey Lawful Command - Obstruction Of Government Operation - Resisting Arrest
- Disorderly Conduct/breach Of The Peace
- False Imprisonment
- Resisting Officer Without Violence To His Person
- Resisting Officer Without Violence To His Person
- Take Unsentenced Def Into Custody
- 1--Felony Resisting Arrest By Fleeing 2--Felony Driving While Intoxicated 3--Driving While Revoked 4-- Speed 5--No Seat Belt 6 Thru 9--Misc...
- 1) Resisting Arrest By Fleeing 2) Exceeded Posted Speed Limit 124 In A 70 3) Failed To Use Turn Signal 4) Failed To Drive On The Right Half...
- 1-Felony Driving While Intoxicated 2-Felony Resisting By Fleeing 3-Careless And Imprudent Driving 4-Failure To Drive On Right Half Of Roadwa...
- Patrol Charge(S) - Resisting Arrest By Flight
- 1) Resisting Arrest 2) Dwi Drugs
- 1. Driving While Intoxicated 2. Driving While Suspended 3. Careless And Imprudent Driving 4. Resisting Arrest
- 1) Felony Resisting Arrest By Fleeing 2) Speeding 3) Driving While Suspended 4) Failed To Drive On The Right Half Of The Roadway 5) No Proof...
- 1) Felony - Resisting Arrest By Fleeing 2) Felony - Possession Of A Stolen Vehicle 3) Speeding 4) Failure To Stop At Stop Sign 5) Lane Viola...
- 1- Driving While Intoxicated 2- Resisting Arrest
- Patrol Charges - Tampering With A Motor Vehicle 1St Degree, Resisting Arrest By Flight, And Driving While Suspended.
- Battery/police Officer/corrections/firefighter