How to Get a Resisting Arrest Charge Dropped in Washington

Key Takeaways / Summary:

Challenge the legality of the underlying arrest to establish that the officer lacked probable cause.
Demonstrate a total lack of intent or show that actions were purely self-defense against excessive force.
Secure experienced legal defense to review evidence, negotiate with prosecutors, and petition for dismissal.

Feldman & Lee understands that a tense encounter with law enforcement can escalate quickly. We bring a multi-disciplined, personal approach to every case, offering prompt communication and steady support during stressful legal challenges.

Serving clients across Washington state with offices in Lynnwood, Marysville, and Kent, we explore every option to protect your rights.

What Is Obstructing an Officer vs. Resisting Arrest in Washington?

Under Washington law, resisting arrest and obstructing a law enforcement officer are distinct misdemeanor allegations with specific legal definitions:

Resisting Arrest (RCW 9A.76.040): This charge applies when a person intentionally prevents or attempts to prevent a peace officer from making a lawful arrest.
Obstructing an Officer (RCW 9A.76.020): This is a broader allegation that occurs when someone willfully hinders, delays, or obstructs a law enforcement officer carrying out official duties.

Understanding obstructing justice’s meaning comes down to intent and action. Resisting is an actual physical attempt to avoid being arrested, while obstruction covers interference like providing false information or physically blocking an investigation.

Key Defenses Against Resisting Arrest and Obstructing Justice Charges

Knowing how to beat obstruction of justice charges or resisting allegations relies on uncovering critical flaws in the state’s case.

Common defense strategies include:

Unlawful Arrest: An officer must have lawful authority and probable cause to make an arrest. If the initial arrest was illegal, the charge of resisting it often cannot stand.
Lack of Intent: Both charges require willful or intentional behavior. Accidental movement, confusion, or reflex actions do not meet the criminal standard for intentional resistance.
Excessive Force: Individuals have a right to defend themselves if an officer uses unreasonable or excessive physical force during an encounter.
Mistaken Identity: Confusion during high-stress incidents can lead officers to arrest the wrong person.

How a Defense Lawyer Works to Beat an Obstruction or Resisting Arrest Charge

Navigating the criminal justice system requires a clear strategy. An attorney thoroughly investigates the circumstances of your arrest, gathering body-camera footage, police logs, and witness statements.

Your legal team reviews this evidence to highlight inconsistencies in the police report. By bringing these issues to the prosecutor, your attorney works to negotiate a reduction in charges or advocate for a complete dismissal before trial.

Having dedicated representation ensures you fully understand where your case stands through every phase of the legal process.

Protect Your Rights: Contact Feldman & Lee for a Consultation

If you or a loved one are facing criminal charges in Washington state, taking swift action is essential. We treat your case with the care and dedication it deserves, listening to your concerns and providing reliable guidance.

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