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What Must a Prosecutor Prove in a Resisting Arrest Case?

The crime of resisting arrest occurs when a person interferes with a police offer’s attempt to perform a lawful arrest. In Pennsylvania, it is a misdemeanor of the second degree (up to two years imprisonment, fine of up to $5,000.).

To convict a person for resisting arrest, prosecutors must prove the following elements beyond a reasonable doubt:

  • The person acted with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty.
  • The person created a substantive risk of bodily injury to the public servant or anyone else, or employed means justifying or requiring substantial force to overcome the resistance.

If you are charged with resisting arrest, consult trusted Berks County criminal defense lawyer David R. Eshelman.


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