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Steps to Take If You Are Accused of Fleeing a DWI Stop

The Fallout from Trying to Escape a DWI Detention

Picture this scenario: You see the flashing lights in your rearview mirror and pull over, knowing police suspect you of driving while impaired. Panic sets in. You might think that because you have been drinking, an arrest is guaranteed. In a split-second decision driven by fear, you decide to run—maybe sprinting away on foot or jumping a nearby fence—hoping to escape detainment. Unfortunately, this reaction only compounds your legal problems. Instead of just facing a DWI charge, you are now looking at additional penalties for resisting arrest.

In Pennsylvania, the law is strict: it is illegal to flee, resist, or attempt to evade a lawful arrest. Doing so triggers a charge of resisting arrest. Depending on the specific facts of the incident, this can escalate from a misdemeanor to a felony. If you or a loved one has been accused of obstructing justice in this manner, securing immediate legal counsel is vital to protect your future.

Trying to dodge police custody might feel like a way out in the heat of the moment, but it invariably worsens your situation. You end up stacking criminal charges on top of your initial traffic stop issues, multiplying the legal hurdles you must clear. In these complex situations, seeking the guidance of a qualified attorney is essential. The Youngstown Criminal Law Group is prepared to stand by those confronting these serious allegations.

Our team at the Youngstown Criminal Law Group is dedicated to defending clients within the Pennsylvania legal system. We utilize our extensive resources and experience to build a formidable defense strategy tailored to your unique circumstances. If you require the services of a skilled Mercer criminal lawyer, contact us at 412.389.0805 to schedule a complimentary initial consultation. We are proud to serve individuals throughout Mercer. Facing these charges can feel impossible on your own, but you don’t have to navigate the system alone. Trust legal experts to advocate for you and strive for the most favorable result possible.

Decoding Resisting Arrest Under Pennsylvania Statutes

When a person actively attempts to stop an arrest by running away, fighting back physically, or blocking officers, they are breaking Pennsylvania law. The severity of the crime increases significantly if weapons are involved or if a law enforcement officer is injured. It is often helpful to consult with a Mercer DUI lawyer to understand how these charges interact with impairment accusations.

Below is a breakdown of what constitutes resisting arrest according to Section 2921.33 of the Pennsylvania Revised Code:

  • Active Resistance: This occurs when an individual recklessly or intentionally resists or obstructs a lawful arrest through force.
  • Injury Caused to Officers: If a law enforcement officer suffers any harm during the interference or resistance, the charges are automatically escalated to a higher degree.
  • Use of Deadly Weapons: This involves brandishing or using a deadly weapon during the incident. In Pennsylvania, a deadly weapon is defined as any instrument capable of inflicting death or designed specifically for use as a weapon.

Possible Penalties for Resisting Arrest

Every case is unique, and various factors will dictate the severity of the punishment handed down for resisting arrest. However, understanding the standard sentencing guidelines is important. A knowledgeable Mercer criminal lawyer can help you understand which of the following might apply to your case:

  • For Non-Aggressive Resistance (2nd-degree misdemeanor):
    • Jail time of up to 90 days
    • Fines reaching up to $750
  • If an Officer is Harmed (1st-degree misdemeanor):
    • Jail time of up to 180 days
    • Fines reaching up to $1,000
  • Involving a Deadly Weapon (4th-degree felony):
    • Prison sentence of up to 18 months
    • Fines reaching up to $5,000

The Statute of Limitations for Prosecution

The statute of limitations in Pennsylvania dictates the specific window of time a prosecutor has to file charges against a defendant. This legal deadline ensures that cases are brought forward while evidence is still fresh and reliable.

  • Misdemeanors: For charges like standard resisting arrest, the prosecution must begin within two years.
  • Felonies: Felony resisting arrest carries a much longer window of six years. This can be extended up to twenty years if the incident involves aggravated assault charges.

If you are worried about old charges resurfacing, speaking with a Mercer DUI lawyer can help clarify your legal standing.

Additional Resources

  • Prison Policy Initiative: A non-profit group dedicated to reducing mass criminalization in the U.S. and solving problems such as prison overcrowding.
  • Resisting Arrest Laws in Pennsylvania: Explore this resource to learn more about the specific statutes regarding resisting arrest and the different degrees of penalties associated with them.

confronting charges for resisting arrest requires a sophisticated and aggressive legal defense. If you are in the Youngstown, Pennsylvania area or nearby, you need representation that is competent and committed to protecting your rights. Consider reaching out to a Mercer criminal lawyer at the Youngstown Criminal Law Group. Call us today at 412.389.0805 for a free initial consultation to discuss the details of your case.

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