How to Avoid a Charge of Resisting Arrest in West Virginia Criminal Court
Being arrested is a stressful and often intimidating experience. Emotions can run high, and it’s natural to want to assert your rights or defend yourself. However, resisting arrest—whether through physical force, obstruction, or defiance—can lead to serious criminal charges in West Virginia. A charge of resisting arrest not only complicates your legal situation but can also result in fines, jail time, or a permanent criminal record.
At Frank Walker Law, we understand how daunting it can be to navigate a criminal charge in West Virginia. In this blog post, we’ll explain how to avoid a resisting arrest charge, what it involves, and why it’s important to handle encounters with law enforcement carefully.
What is Resisting Arrest in West Virginia?
Under West Virginia Code § 61-5-17, resisting arrest occurs when an individual intentionally prevents or attempts to prevent a law enforcement officer from making an arrest. This charge can be filed whether or not the individual is actually guilty of the underlying crime they are being arrested for.
Resisting arrest can take several forms:
Physical resistance: Pushing, fighting, or struggling with the officer.
Obstructing the officer: Blocking or interfering with the officer’s attempt to make an arrest.
Verbal resistance: Threatening the officer, refusing to comply with commands, or arguing with the officer in a way that delays the arrest.
It’s important to note that resisting arrest is not the same as defending yourself. In some cases, if an officer uses excessive force or violates your rights, you may have a legal right to protect yourself. However, resisting arrest as an act of defiance or physical confrontation is illegal and will only make the situation worse.
The Penalties for Resisting Arrest in West Virginia
Resisting arrest is considered a misdemeanor in West Virginia, but the penalties can still be severe, especially if there are additional aggravating factors, such as the use of force or obstruction of justice.
Penalties for a first offense can include:
Up to 1 year in jail
Fines up to $500
Probation or community service
If the officer was injured during the incident or if there was significant disruption to the law enforcement process, the penalties could be more severe. Repeat offenders may face more serious consequences.
How to Avoid a Charge of Resisting Arrest
The best way to avoid a charge of resisting arrest is to handle encounters with law enforcement calmly, respectfully, and in accordance with the law. Here are several strategies to avoid escalating the situation:
1. Remain Calm and Respectful
The most important thing to remember during any interaction with law enforcement is to stay calm. If you’re pulled over or approached by an officer, take a deep breath, avoid sudden movements, and do not raise your voice. Even if you disagree with the reason for your stop or arrest, arguing or showing aggression can lead to unnecessary complications and may be interpreted as resisting arrest.
Tip: Address the officer with respect. For example, saying “Yes, Officer” or “No, Officer” in a calm, polite tone can go a long way in de-escalating the situation.
2. Do Not Physically Resist
Under no circumstances should you attempt to physically resist or flee from law enforcement. Even if you feel that the arrest is unjust or you disagree with the officer’s actions, physical resistance will only lead to additional charges and make the situation much worse.
Tip: If you feel that your rights are being violated or that the arrest is unlawful, your best course of action is to comply with the officer and then challenge the arrest in court later with the help of an experienced criminal defense attorney.
3. Comply with Officer Commands
While it may be frustrating to be arrested, it’s important to follow the officer’s commands. Refusing to follow commands, such as not putting your hands behind your back or attempting to leave the scene, could result in a charge of resisting arrest.
Tip: If you are unsure of what is being asked of you, calmly ask the officer to clarify. However, always follow their instructions to avoid further complications.
4. Know Your Rights Without Being Confrontational
You have the right to remain silent and the right to an attorney. If you are being arrested, you do not need to answer any questions beyond identifying yourself. You should never physically resist an arrest simply because you believe it is unjust, but you can assert your rights politely and calmly.
Tip: Politely say something like, "I would like to remain silent and speak to an attorney." This statement asserts your rights without escalating the situation.
5. Avoid Fleeing or Running Away
Fleeing from a police officer is a sure way to ensure that you will face a resisting arrest charge, along with possible charges for evading arrest. Even if you think you are innocent, running only heightens suspicion and invites greater legal consequences.
Tip: If you believe the police are making a mistake or if you’re uncomfortable with the situation, your best option is to comply and seek legal assistance afterward. Fleeing or fighting will only complicate the matter.
6. Keep Your Hands Visible
One of the easiest ways to avoid an escalating situation is to keep your hands where the officer can see them. If an officer cannot see your hands, they may interpret this as a threat or potential danger, which could increase the likelihood of a physical confrontation.
Tip: When interacting with the police, keep your hands visible on the steering wheel or in front of you if you are not in a vehicle. This shows the officer that you are not reaching for anything that could be perceived as a weapon.
7. Do Not Attempt to Disarm an Officer
It’s important to never attempt to disarm or physically confront a police officer, even if you feel you are in the right. Such actions can lead to serious charges and increase the likelihood of physical harm.
Tip: If you feel that your rights are being violated, stay calm and address it through legal channels later, not during the encounter.
What to Do if You’re Wrongfully Charged with Resisting Arrest
If you’ve been charged with resisting arrest in West Virginia and feel that the charge is unjust or that your rights were violated, it’s important to contact an experienced criminal defense attorney immediately. At Frank Walker Law, we have a deep understanding of West Virginia’s laws and the complexities of criminal defense. We can evaluate the circumstances of your arrest and help determine if there is a valid defense to the charge.
In some cases, we may be able to argue that the officer used excessive force, violated your rights, or that you were simply acting out of confusion or fear rather than intentionally resisting. We can help protect your rights and work toward minimizing the consequences you face.
Contact Frank Walker Law for Help
If you’ve been charged with resisting arrest or any other criminal offense in West Virginia, you don’t have to face it alone. Frank Walker Law is here to help you navigate the legal process and fight for the best possible outcome. Call us today or contact us online to schedule a free consultation. Let us work with you to build a strong defense and protect your future.
Remember: Stay calm, comply with police officers, and contact an experienced criminal defense attorney to ensure the best possible outcome in your case.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.