Mississippi Resisting Arrest Attorneys

Being charged with resisting arrest in Mississippi can be overwhelming and confusing. Whether you're facing charges for resisting an officer, resisting arrest and assaulting a police officer, or any related offense, the consequences can be severe and long-lasting. You need an experienced Mississippi criminal defense attorney who understands the complexities of these cases and will fight to protect your rights.

The skilled resisting arrest attorneys at Stroud, Flechas & Dalton have successfully defended countless clients throughout Northern Mississippi against these serious charges. We understand that police officers sometimes use resisting arrest charges inappropriately, and we know how to challenge these cases effectively.

Mississippi Resisting Arrest Law

Mississippi Code § 97-9-73 makes it unlawful for a person to obstruct or resist by force, violence, or threats a lawful arrest—or the lawful arrest of another person—by any state, local, or federal law enforcement officer.

Under Mississippi law, resisting arrest can be charged as either a misdemeanor or felony depending on the circumstances. Understanding the difference is crucial for your defense strategy.

Misdemeanor resisting arrest typically involves actions such as running from a police officer, hiding from police, or passive resistance during an arrest. Felony resisting arrest usually involves threatening violence toward a police officer or committing actual violent acts against an officer attempting to make an arrest.

Important: Police officers are given broad discretion in filing resisting arrest charges. Unfortunately, officers may use this charge for virtually any behavior that annoys them, including being slow to comply with orders, being nervous during a stop, or simply asking questions about their authority.

What Must Be Proven in Resisting Arrest Cases?

To secure a conviction for resisting arrest in Mississippi, prosecutors must prove beyond a reasonable doubt that:

1. You deliberately resisted or obstructed a law enforcement officer
   Even if you didn't intend the result your actions caused, if you deliberately acted in a manner that hindered your arrest, the prosecutor may be able to prove this element.
2. You acted violently or threatened violence toward the officer
   This could include threatening to hit the officer, actually hitting or pushing the officer, or other aggressive actions.
3. The police officer was lawfully carrying out official duties
   The officer must have been legitimately investigating a crime, making a traffic stop, or performing other lawful police work. Even if underlying charges are later dropped, this element may still be satisfied.
4. Penalties for Resisting Arrest in Mississippi

Misdemeanor resisting arrest penalties:

• Fines up to $500
• Up to 6 months in county jail
• Both fine and imprisonment
• Permanent criminal record

Felony resisting arrest penalties are much more severe and can include years in state prison.

Beyond the immediate penalties, a resisting arrest conviction can impact your employment opportunities, professional licenses, housing applications, and reputation in the community. That's why it's essential to have an experienced Mississippi resisting arrest lawyer fighting for you.

Common Defenses Against Resisting Arrest Charges

Our experienced criminal defense attorneys use various strategies to defend against resisting arrest charges, tailored to the specific circumstances of your case:

• Self-Defense: You have the right to defend yourself against a police officer using excessive force. Officers may only use the amount of force necessary to accomplish the arrest. If an officer acted violently without justification, you may have the right to protect yourself.
• Unlawful Arrest: If the arrest was not lawful to begin with, your attorney may argue that since the officer was not performing lawful duties, your resistance was justified. For example, if police conducted an unlawful search of your home, you may have the right to resist arrest.
• Falsely Accused: If you did nothing more than be rude or ask questions, and the resisting arrest charges were filed in retaliation, we can challenge these charges. Witness testimony can be crucial in proving you were not actually resisting.
• Officer Failed to Identify: If you were unaware the person was a police officer because they failed to identify themselves (such as an undercover officer), you could not intentionally resist the officer.
• Insufficient Evidence: The prosecution must prove every element beyond a reasonable doubt. We carefully examine all evidence to identify weaknesses in the state's case.

Why Choose Our Mississippi Resisting Arrest Lawyers?

When you're facing resisting arrest charges, you need attorneys who understand both the law and the local court system. Our team has defended numerous clients against these charges throughout Northern Mississippi, and we understand the tactics prosecutors use and how to counter them effectively.

We provide comprehensive legal services including thorough investigation of the circumstances surrounding your arrest, analysis of police reports and body camera footage, identification of constitutional violations or improper police procedures, negotiation with prosecutors for reduced or dismissed charges, and aggressive trial representation when necessary.

Serving Northern Mississippi Communities

Our Mississippi resisting arrest attorneys represent clients throughout Northern Mississippi, including Southaven, Olive Branch, Horn Lake, Hernando, Tunica, and all of DeSoto County. We have extensive experience with local courts and have built strong relationships with judges and prosecutors throughout the region.

What to Do If You're Charged with Resisting Arrest

If you've been charged with resisting arrest, remember that you have rights. Take these important steps to protect yourself:

Exercise your right to remain silent and don't discuss your case with anyone except your attorney. Avoid posting about your case on social media, as this can be used against you. Gather any evidence that supports your defense, including witness contact information and any video footage. Contact an experienced Mississippi resisting arrest attorney immediately.

The sooner you contact our firm, the more time we have to investigate your case and build a strong defense strategy.

Understanding Police Officer Misconduct

Unfortunately, some police officers abuse their authority and file resisting arrest charges inappropriately. Common scenarios include charging someone with resisting arrest when they were simply nervous or confused, filing charges in retaliation for questioning the officer's authority, using resisting arrest as a "cover charge" when other evidence is weak, or failing to follow proper arrest procedures.

Our experienced attorneys know how to identify these situations and hold officers accountable for their actions.

Free Consultation with Mississippi Resisting Arrest Attorneys

Don't let a resisting arrest charge jeopardize your future. Our experienced criminal defense lawyers are ready to review your case and explain your options in detail. We understand that being arrested can be overwhelming, and we're here to guide you through every step of the legal process while fighting for the best possible outcome in your case.

Contact Stroud, Flechas & Dalton today for a free consultation.