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:

Resisting Arrest
Resisting Arrest Criminal Records
  1. 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.

  2. 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.

Latest Arrests

  • Patrol Charge - Resisting Arrest By Flight
  • 1. Felony Driving While Intoxicated Chronic Offender 2. Felony Resisting Arrest 3. Failure To Drive On Right Half Of Roadway 4. Speeding
  • 1. Resisting Arrest 2. Excessive Speed 3. Lane Violation
  • Patrol Charge - Resisting Arrest By Flight And Driving While Intoxicated
  • 1. Felony Dwi. 2. Felony Resisting Arrest. 3. C And I. 4. Registration Violation.
  • 1) Felony Resisting Arrest 2) Felony Tampering With Motor Vehicle First Degree 3) Careless And Imprudent Driving Resulting In A Motor Vehicl...
  • 1. Driving While Intoxicated 2. Lane Violation 3. No Insurance 4. Resisting Arrest
  • Patrol Charges - Tampering With A Motor Vehicle 2Nd; Resisting Arrest By Flight
  • Patrol Charges - Resisting Arrest By Flight
  • 1. *Felony* Resisting Arrest- Fleeing 2. Driving While Revoked- 3Rd Offense 3. Exceeded Posted Speed Limit Over 26Mph
  • 1. Felony Resisting Arrest 2. Felony Failed To Stop For A Trooper 3. Misd Stealing
  • 1) Felony Resisting Assist 2.) Careless And Imprudent Driving 3.) Exceeded Posted Speed 4.) Failure To Yield To Emergency Lights And Siren 5...
  • Patrol Charges - Resisting Arrest By Flight
  • Patrol Charge - Resisting Arrest And St. Francois County - Dangerous Drugs
  • 1. Exceeding Posted Speed Limit 2. Driving While Revoked 3. Resisting Arrest
  • Patrol Charges - Resisting Arrest And Presented A False Id
  • Patrol Charge - Driving While Intoxicated And Resisting Arrest
  • 1. Felony- Driving While Revoked 2. Felony- Resisting Arrest By Fleeing 3. Fail To Register Motor Vehicle 4. Fail To Stop At Stop Sign 5. Ex...
  • Patrol Charge - Resisting Arrest By Flight
  • 1 - Driving While Intoxicated 2 - Lane Violation 3 - Resisting Arrest

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