The chaotic scenes following the Philadelphia Eagles’ Super Bowl victory, with numerous arrests for resisting arrest and related offenses, are a reminder of the serious consequences of non-compliance with law enforcement. While these arrests occurred in Philadelphia, the legal principles surrounding resisting arrest and the importance of legal counsel apply equally in Washington DC. This blog post will explore DC’s resisting arrest law, potential defenses, and the critical role of a skilled Washington DC criminal defense attorney. We’ll examine the Philadelphia arrests to highlight the potential pitfalls of confrontations with police and the need for a strong legal strategy.
In DC, resisting arrest is defined under DC Code § 22-405.01 as intentionally preventing or attempting to prevent a lawful arrest. For a conviction, the prosecution must prove several key things:
Challenging the lawfulness of the arrest is a common defense strategy. If the police lacked probable cause, the entire arrest—and subsequently, the resisting arrest charge—is questionable. This is an area where an experienced DC assault lawyer can make a critical difference.
The Philadelphia arrests offer compelling examples of this principle. NBC Philadelphia reported on several arrests, including Terry Kinard, charged with resisting arrest and harassment after allegedly assaulting a medic, and John Kasianczuk, accused of assaulting an officer and charged with assault and resisting arrest. These incidents, unfolding amidst the celebratory chaos, illustrate how quickly a seemingly minor confrontation can escalate into serious criminal charges. The fact that these events happened on such a high profile day highlights the severity of resisting arrest charges. These are not minor infractions. They’re serious charges.
Penalties for resisting arrest in DC can be substantial, including
The specifics depend on the circumstances of the arrest and your prior record. The arrests in Philadelphia, involving charges like aggravated assault alongside resisting arrest, highlight the potential for multiple, compounding charges. It is critical to note that even seemingly minor offenses can have far-reaching consequences. The impact is not just about the immediate penalties. It’s also about the lasting consequences of a criminal record, affecting employment opportunities, housing prospects, and other aspects of daily life.
Several defenses can be explored. An attorney might challenge the lawfulness of the initial arrest, arguing that the police lacked probable cause, making any subsequent resistance irrelevant. They may also argue that your actions didn’t constitute intentional interference, perhaps due to misunderstanding or a reaction to excessive force. The infamous Rodney King case, although decades old, remains relevant, showcasing how excessive force by law enforcement can undermine the legitimacy of an arrest and cast doubt on the validity of a resisting arrest charge.
Another avenue for resolving these charges could be through negotiation. A skilled DC criminal lawyer can often negotiate a diversion agreement, such as a Deferred Sentencing Agreement (DSA). Successfully completing the conditions of a DSA—like community service or counseling—can lead to the dismissal of the charges and avoidance of a criminal record. This is an especially important element given the lasting consequences of a resisting arrest conviction.
The arrests in Philadelphia highlight the importance of remaining calm and cooperative, even in highly charged environments. However, it’s equally critical to remember your rights. If you’re arrested, remain silent and request an attorney immediately. The events following the Super Bowl in Philadelphia serve as a cautionary tale—a stark reminder of the potential for seemingly minor confrontations to escalate quickly and lead to serious legal consequences.
At Monument Legal, our team of experienced criminal lawyers is dedicated to protecting your rights. We are experts in navigating the intricacies of D.C. law, crafting robust defenses, and negotiating favorable outcomes for our clients.