In the heat of the moment, when law enforcement attempts to place you under arrest, your instincts might tell you to pull away, argue, or physically resist. However, what seems like a natural reaction to protect yourself can quickly escalate into additional criminal charges that make your legal situation significantly worse. If you resist arrest in Cobb County, you’re not just facing the original charges that led to your arrest, you’re now dealing with a separate offense that carries its own penalties and consequences. Understanding what constitutes resisting arrest and the potential ramifications can help you make informed decisions if you ever find yourself in this difficult situation.
What Constitutes Resisting Arrest in Georgia?
Under Georgia law, specifically O.C.G.A. § 16-10-41, resisting arrest occurs when a person knowingly and willfully obstructs or resists a law enforcement officer in the lawful discharge of their duties. This doesn’t necessarily mean you have to use physical force. Resisting arrest can take many forms, from passive resistance to active physical confrontation.
Passive resistance might include going limp, refusing to comply with commands, or locking your arms to prevent officers from handcuffing you. Active resistance involves more overt actions like pushing officers away, running from police, or physically struggling during the arrest process. Even verbal threats or attempts to destroy evidence can potentially fall under this statute depending on the circumstances.
It’s important to understand that the arrest must be lawful for the resisting charge to apply. If officers are acting outside their legal authority or violating your constitutional rights, the situation becomes more complex from a legal standpoint.
Penalties for Resisting Arrest in Cobb County
Resisting arrest is classified as a misdemeanor in Georgia, but don’t let that designation fool you into thinking it’s a minor charge. A conviction can result in up to 12 months in jail and fines up to $1,000. However, the consequences extend far beyond these immediate penalties.
When you’re convicted of resisting arrest in addition to other charges, judges often view this unfavorably during sentencing. It suggests to the court that you were uncooperative and disrespectful of law enforcement, which can influence decisions about probation terms, sentencing enhancements, and other aspects of your case. This additional misdemeanor conviction on your record can also affect employment opportunities, housing applications, and professional licensing.
If your resistance involved violence or resulted in injury to an officer, you could face additional charges such as assault or aggravated assault, which are far more serious offenses. These charges carry felony-level penalties including substantial prison time.
How Resisting Arrest Affects Your Original Charges
One of the most damaging aspects of a resisting arrest charge is how it impacts your defense against the original charges that led to the arrest. Prosecutors often use evidence of resistance to paint you in a negative light, suggesting that your behavior demonstrates consciousness of guilt. Even if you had a strong defense to the original charges, the fact that you resisted arrest can undermine your credibility with a judge or jury.
Additionally, resisting arrest provides law enforcement with justification for using increased force during the arrest. This can complicate any claims you might have about excessive force or improper arrest procedures. If you’re considering challenging the circumstances of your arrest, having a resisting arrest charge makes that challenge significantly more difficult.
For those facing charges in Cobb County, it’s worth noting that Cobb County courts take law enforcement officer safety seriously. Judges in this jurisdiction may be particularly stern when sentencing defendants convicted of resisting arrest, especially if the incident occurred in one of the county’s municipalities like Marietta or Kennesaw.
What You Should Do Instead
The most important advice anyone can receive is this: never resist arrest, even if you believe the arrest is unjust or unlawful. Compliance during the arrest process doesn’t mean you’re admitting guilt, it means you’re protecting yourself from additional charges and potential physical harm. According to the Georgia Bureau of Investigation, remaining calm and cooperative during an arrest is always in your best interest.
If you believe your rights are being violated, the time to address that is in court with an attorney, not on the street during the arrest. You have the right to remain silent, and you should exercise that right. Provide your identification when requested, but beyond that, politely decline to answer questions until you have legal representation present.
Document everything you can remember about the arrest as soon as possible after the incident. Details fade quickly, and having a clear record of what happened can be invaluable to your defense.
Building a Defense Against Resisting Arrest Charges
If you’re facing resisting arrest charges in Cobb County, several potential defenses may apply depending on your circumstances. One common defense challenges whether the arrest was lawful in the first place. If officers lacked probable cause or violated your constitutional rights, any resistance to that unlawful arrest may not meet the legal definition of the crime.
Another defense involves disputing whether your actions actually constituted resistance. Perhaps your movements were misinterpreted, or you were complying to the best of your ability under difficult circumstances. Medical conditions, language barriers, or misunderstandings can all play a role in what appears to be resistance but isn’t willful obstruction.
At The Law Office of Ahmad R. Crews, LLC, we thoroughly examine every aspect of resisting arrest cases, from the legality of the initial stop to the officers’ conduct during the arrest. We understand that these situations often escalate quickly, and what law enforcement perceives as resistance may have been fear, confusion, or an attempt to protect yourself from perceived danger. Our approach involves carefully reviewing police reports, body camera footage when available, and witness statements to build the strongest possible defense.
We’ve successfully defended clients facing criminal charges in Cobb County by challenging the prosecution’s evidence and presenting the full context of what occurred during the arrest. Whether negotiating for reduced charges or preparing for trial, we’re committed to protecting your rights and achieving the best possible outcome for your case.
Don’t let a resisting arrest charge compound your legal troubles. Contact us today to discuss your case and learn how we can help you navigate the Cobb County criminal justice system.