When a Traffic Stop Turns Into Resisting Arrest Charges

A traffic stop can often seem like a routine encounter with law enforcement, but it has the potential to escalate into more serious legal issues, including charges of resisting arrest. In Washington State, resisting arrest is a significant offense that can have severe repercussions. If you find yourself facing these charges, understanding your rights and the legal strategies available to you is essential. The Law Office of Erin Bradley McAleer is here to guide you through this complex situation.

Understanding Resisting Arrest

Resisting arrest involves actions that intentionally prevent law enforcement officers from performing their duties. In Washington State, this offense is defined under RCW 9A.76.040. The law makes it a crime to use force, threats, or other forms of obstruction to hinder an officer’s ability to make an arrest or execute their duties. This can include physical resistance, verbal defiance, or any behavior deemed obstructive during an arrest.

How a Traffic Stop Can Escalate

A traffic stop might start as a routine check but can quickly escalate if certain actions or behaviors are perceived as obstructive. Common situations leading to resisting arrest charges include:

A failure to comply with an officer’s commands can lead to serious charges. If a driver does not follow lawful instructions, this non-compliance can be interpreted as resisting arrest.

Physical altercations during a traffic stop can also result in resisting arrest charges. Any attempt to push, hit, or flee from an officer may be seen as an obstruction of their duties.

Even verbal confrontations can escalate to resisting arrest charges. Aggressive or threatening language, while not always resulting in charges, can contribute to the overall tension of the encounter.

Resisting arrest in Washington State is classified as a Class C felony, which is a serious designation with significant legal consequences. Conviction can result in:

  • Prison Time: Up to 5 years in prison. The exact duration will depend on the severity of the resistance and whether additional criminal conduct was involved.
  • Fines: Substantial fines that can reach tens of thousands of dollars.
  • Probation: Probation may be imposed, often accompanied by conditions such as community service or mandatory counseling.
  • Criminal Record: A felony conviction can lead to a permanent criminal record, which can impact future employment and other aspects of life.

Defending Against Resisting Arrest Charges

Successfully defending against resisting arrest charges requires a detailed understanding of both the law and the specifics of your case. Several defense strategies might be applicable:

One key defense is proving lack of intent. If you can show that you did not intend to resist arrest and that any actions were a result of confusion or misunderstanding, this can be a strong argument.

Unlawful arrest can be a defense if the arrest itself was not conducted according to legal standards. Challenging the legality of the arrest may undermine the resisting arrest charges.

Evidence of excessive force by the police can also be a crucial defense. If you can show that the police used excessive force, your response might be seen as a reaction to improper conduct.

Self-defense might be applicable if you believed the situation was dangerous or unlawful. This is a nuanced defense and should be discussed with your attorney.

The Role of Your Attorney

An experienced attorney from the Law Office of Erin Bradley McAleer can significantly impact the outcome of your case. Our services include:

  • Case Evaluation: We will conduct a thorough evaluation of your case to understand the evidence and develop a tailored defense strategy.
  • Court Representation: Our team will represent you in court, aiming to reduce charges or negotiate a favorable plea deal.
  • Negotiation with Prosecutors: We will negotiate with prosecutors to explore options for reduced charges or alternative sentencing.
  • Legal Advice and Support: We offer comprehensive legal advice, guiding you through every step of the legal process and ensuring your rights are protected.

If a traffic stop has led to resisting arrest charges, it is vital to seek professional legal help promptly. The Law Office of Erin Bradley McAleer is dedicated to providing expert legal support to help you navigate these serious charges. Contact us at (360) 334-6277 for a consultation or visit www.erinbradleymcaleer.com to learn more about how we can assist you.

Facing resisting arrest charges can be overwhelming, but with the right legal representation, you can effectively address these charges and work towards a favorable resolution. Reach out to us today to ensure your rights are protected and to build a strong defense.