Assault with Intent to Resist Arrest
The offence of assault with intent to resist arrest is outlined in section 38 of the Offences Against the Person Act 1861. The offence is actually much broader than it would first seem. If you are accused of assault with intent to resist arrest, the prosecution must prove:
- That you have used force against another person,
- That the use of force was unlawful, and
- That you intended to resist arrest or prevent the lawful arrest of yourself or a third person
The alleged victim of an assault with intent to resist arrest does not have to be a police officer- for example, if a suspected shoplifter assaulted a store detective trying to lawfully detain him, he would fall within the definition of the offence.
As the intention of the alleged offender is to resist arrest, this is seen as a serious interference with the detention of a suspected criminal. Even though no injury may have been caused, the offence is significantly more serious than a similar instance of common assault. Assault with intent to resist arrest is an either way offence, meaning that it can be heard in either the Magistrates Court or the Crown Court. The maximum sentence in the Magistrates Court is 6 months imprisonment, while the Crown Court can impose up to 2 years custody.
If you have been accused of assault with intent to resist arrest, it is important that you have expert advice from a specialist criminal defence lawyer. Contact us to see if we can help you find the best criminal solicitor or barrister for your case.
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