The Crime Of Resisting Arrest In Kentucky
It is natural to want to resist arrest when approached by an arresting officer. However, it is crucial that you avoid resisting arrest. If an officer approaches you or someone you know to make an arrest, you should cooperate and call an attorney. Resisting arrest is a criminal offense in the U.S. In Kentucky, to be specific, resisting arrest is a criminal offense that carries hefty penalties. Because the charge of resisting arrest is highly subjective, it is crucial that when an officer approaches you or someone you know to make an arrest, you avoid any behavior that might be interpreted as resisting. Remember, even an action you don’t believe constitutes resisting can be interpreted as resisting by an arresting officer.
If you’ve been charged with resisting arrest in Kentucky, contact a skilled defense attorney as soon as possible. An attorney can help you fight the resisting arrest charge and the other criminal charge that led to the arrest.
The following is some more crucial information on the crime of resisting arrest in Kentucky.
What Constitutes Resisting Arrest in Kentucky?
Resisting arrest generally occurs when you interfere with a police officer’s attempt to perform a lawful arrest. In Kentucky, the crime of resisting arrest is codified under Kentucky Statute 520.090. According to this statute, titled “Resisting Arrest,” the offense of resisting arrest occurs when you deliberately deter or try to deter a peace officer acting under color of their official duty from arresting you or another person by either;
- using force against the officer, or
- threatening to use force against the officer, or
- using another means that creates a significant risk of causing bodily injury to the officer or another person.
Usually, it is up to an arresting officer and the judge to interpret whether an action constitutes resisting. However, the following are some common behaviors that constitute resisting arrest;
- Trying to free yourself from an officer’s grasp
- Standing in between an officer and someone they intend to speak to or arrest
- Refusing to get on the ground after being clearly asked to
- Not placing your hands behind your back after an officer asks you to do so
- Grabbing an officer around their legs
- Kicking an arresting officer
- Grabbing an officer’s uniform
- Running away from an officer
- Refusing to get into a police vehicle
Penalties for Resisting Arrest in Kentucky
According to Kentucky Statute 520.090, the crime of resisting arrest is a Class A misdemeanor. Class A misdemeanors in Kentucky carry a possible jail term of up to one year and a possible fine of up to $500.
It is crucial to note that some behaviors can result in more serious charges. For example, if an individual is violent towards an officer, they may be charged with a felony.
Refusing to Answer Police Questions Is Not Resisting Arrest
It is crucial to note that refusing to answer police questions does not necessarily constitute a resisting arrest offense. For example, you do not commit an offense of resisting arrest when you choose to remain silent when being questioned and wait for your attorney to arrive. You have the right to remain silent. You do not have to respond to police questions without your attorney present, even after an arrest. In fact, it is best that you avoid answering police questions after an arrest without your defense attorney present.
Contact a London Criminal Defense Attorney
If you are being faced with a criminal charge in Kentucky, including the criminal charge of resisting arrest, contact an experienced London criminal defense attorney at Cessna & George Law Firm today.