Interfering With Police / Resisting Arrest
One of the most commonly charged crimes in Connecticut is Interfering with an Officer, also known as Resisting Arrest in Connecticut, under C.G.S. § 53a-167a. This particular crime is meant to protect police from individuals who become aggressive, hostile and unruly while they are interacting with police, whether it be during a routine traffic stop, investigation, or other incidental contact with law enforcement. The reality, though, is that Interference with Police / Resisting Arrest is a charge that is often tacked on by police during an arrest. The Connecticut Interfering with Police / Resisting Arrest charge is often gratuitously added to a list of criminal charges created by the police to put more pressure on a criminal defendant during his or her prosecution. If not fought and defended against properly, the charge is easy for Connecticut prosecutors to prove beyond a reasonable doubt. Therefore, if you find yourself charged with C.G.S. § 53a-167a Interference or Resisting Arrest, you should quickly contact a top criminal lawyer in Stamford, Greenwich, Darien, New Canaan, Norwalk, Fairfield, Westport, and Wilton.Interfering with an Officer / Resisting Arrest Charges & Penalties under C.G.S. § 53-167a
Why is this such a tricky charge? The answer lies in the vagueness and ambiguity of the actual Interference statute. The Interfering and Resisting Arrest statute specifically prohibits “obstructing, resisting, hindering or endangering” any police officer or firefighter in the performance of their duties. Click here for the full text of the statute. It is a Class A misdemeanor—the most serious type of misdemeanor—which means that it is punishable by up to one year in jail, a maximum $2000 fine, and possibly probation.
Many of the best Stamford and Greenwich criminal lawyers would agree that the broadly written language of this statute gives police wide discretion in charging this crime. These Interfering charges usually come up during an arrest when the suspect becomes unruly, belligerent, nasty, or physically aggressive. The police will claim that the resistance and interference made it difficult and dangerous for the arresting officers to do their jobs. Note that Interference is neither as serious nor egregious as the crime of Assault on a Police Officer under C.G.S. § 53a-167c, which usually encompasses the underlying Interfering / Resisting Arrest conduct, but also involves causing physical injury to the police officer. This more serious charge is discussed below.What Kind of Conduct is Considered Interfering or Resisting Arrest?
Top criminal lawyers in Stamford, Greenwich, New Canaan, Darien and elsewhere in Connecticut will tell you that there are no hard and fast rules in determining what kind of conduct justifies a Connecticut 53a-167c Interfering / Resisting Arrest charge. The following conduct with police has in fact been found by law enforcement to be grounds for an Interfering with Police charge: pushing, punching, kicking, spitting, wrestling, shoving, twisting, grabbing, arm-swinging, or even verbally abusing the police while they are in the process of interviewing or arresting you regarding other charges. Believe it or not, even the slightest struggle or flinch with police can justify an Interfering charge. An interference charge can even arise while are performing duties totally unrelated to you like crowd control at a sporting event or concert, directing traffic, or answering an emergency 911 medical call. That’s why it is always important to be very respectful to police even if they do something to aggravate you. They have a great degree of power and discretion to arrest you for an Interference with Police charge in Connecticut.Fighting Interfering with Police / Resisting Arrest Charges.
Most Connecticut Interfering and Resisting Arrest charges arise during initial interactions with police, which are often under some form of video or audio surveillance. Many police vehicles in Fairfield County have dashboard cameras (“dash cams”), and police will soon have cameras on their actual uniforms to record a suspect’s conduct during an arrest. Thus, there is often electronic surveillance evidence available to assist your Connecticut Interfering with Police attorney in defending you against trumped up Interfering and Resisting Arrest charges. However, if your experienced Connecticut Interfering and Resisting Arrest attorneys do not file motion papers to preserve this electronic evidence, then it can disappear very quickly. Many digital recording devices are on 30 to 60 day loops, making it all the more critical to hire a top Interfering with Police / Resisting Arrest lawyer to preserve this evidence and aggressively fight your case.Contact the Risk of Injury Attorneys at Mark Sherman Law Today
So if you have been charged with Interfering with Police / Resisting Arrest under C.G.S. § 53a-167a, call one of the experienced Interfering / Resisting Arrest lawyers at Mark Sherman right away. Our “two-attorney” review system stands out from our competitors and guarantees all of the police reports in your case will be carefully examined and reviewed by at least two of our attorneys skilled in this practice area. Call us today at (203) 358-4700 so we can help defend you against these charges as quickly and effectively as possible.Related Links: