Resisting Arrest Defense in Georgia | Legal.ge

ResistingArrestDefense

What counts as "resisting arrest" in Georgia?

Resisting arrest under criminal law involves physical resistance, violence, or threats against an officer. Mere refusal to obey orders without violence is typically an administrative offense (disobedience).

Can I get bail if charged with resisting police?

It depends on the severity of the alleged violence and your history. While prosecutors often request detention, a skilled lawyer can argue for bail based on lack of flight risk and community ties.

What if the police officer didn''t explain my rights?

Failure to read rights (Miranda-equivalent) is a procedural violation. While it might not dismiss the case entirely, it can invalidate certain evidence or statements obtained after the arrest.

Is swearing at a police officer a crime?

Swearing can be considered "Petty Hooliganism" (administrative) or, if accompanied by threats, part of the criminal resistance charge. It significantly complicates your defense.

Resisting Arrest and Police: Defense and Legal Strategy

Resisting a police officer or another representative of authority is one of the most serious and common charges in Georgia within the category of crimes against public order. This charge often accompanies other offenses but can also be filed independently. The complexity of the situation lies in the fact that the line between disobedience to a lawful request (an administrative offense) and resistance (a criminal crime) is often very thin. Correctly defining this boundary and substantiating it in court is critically important, as the outcome can range from a fine to multi-year imprisonment. Citizens often fail to realize the legal qualification of their actions during emotional moments, which subsequently worsens their situation.

Legal defense in such cases requires immediate reaction and rapid collection of evidence (video recordings, witness testimonies). The lawyer''s main task is to establish whether the police officer''s action was lawful, whether there was violence or a threat of violence from the citizen, and how proportionate the force used by both sides was. Qualified defense is decisive for maintaining liberty.

What Does Service for Resisting Arrest Cases Cover?

Criminal law specialists on Legal.ge offer comprehensive legal assistance aimed at protecting your rights during conflicts with law enforcement:

Detailed Study of Case Materials: The lawyer analyzes arrest protocols, police reports, and body camera footage. Video recordings often play a decisive role in refuting police testimony.
Change of Qualification (Reclassification): A main direction of defense strategy is reclassifying the charge from Article 353 of the Criminal Code (Resistance) to Article 173 of the Administrative Offences Code (Disobedience), which implies a fine or short-term administrative detention instead of prison.
Verification of Legality: The lawyer checks if the police officer''s request was lawful. Resisting an unlawful request does not constitute a crime.
Revealing Procedural Violations: Failure to explain rights during arrest, restricting the right to call a lawyer, or use of excessive force—these factors are used to strengthen the defense position.
Representation at Pre-trial Detention Hearings: Fighting in court to ensure the accused is not remanded to custody and remains free on bail or other less severe measures.

Common Situations and Real-World Scenarios

Confrontations with police can happen unexpectedly. Here are some scenarios where a lawyer''s help is essential:

Rallies and Demonstrations: Arrests are common during mass gatherings. Police often charge all detainees with resistance, even if they stood passively. Here, the lawyer must distinguish active violence from passive disobedience.
Traffic Stops and Checks: A driver disagrees with a police officer''s request to show documents or search the vehicle, which escalates into a verbal and physical confrontation.
Intervention in Domestic Conflict: When police are called to a family dispute, an emotional individual might shove an officer or refuse entry to the home, which is instantly qualified as Article 353.
Conflict While Intoxicated: During police intervention in a fight near a club or restaurant, an intoxicated person actively resists arrest.

Georgian Legislation and Legal Framework

The primary legal act in this field is the Criminal Code of Georgia. Specifically, Article 353 (Resistance, Threat or Violence against a Protector of Public Order or Other Representative of Authority) provides for severe punishment—imprisonment. For this article to apply, it is necessary that the act contains violence or a threat of violence.

On the other hand, there is Article 173 of the Administrative Offences Code of Georgia (Disobedience to a Lawful Order or Demand of a Law Enforcement Officer). This is an administrative offense, not a crime. The main distinguishing feature is the component of violence. Also important is the Law of Georgia on Police, which defines the rights and duties of a police officer. The skill of a lawyer lies precisely in proving the act corresponds to Article 173 (administrative) rather than Article 353 (criminal).

Process: What to Expect When Working with a Specialist

The process usually begins from the moment of arrest or indictment. The lawyer immediately meets the detainee in the temporary detention isolator to receive information from the primary source and record possible injuries. The next stage is evidence collection—requesting video camera footage, interviewing witnesses. At the court hearing, the issue of preventive measures (detention or bail) is decided first. In subsequent stages, the lawyer fights to refute the prosecution or change the article. If the case is solid against the defendant, the possibility of a plea agreement with the prosecutor''s office is considered, which implies a mitigation of the sentence.

Why Choose Legal.ge?

Legal.ge is your reliable partner in resolving legal problems. Our platform gathers lawyers with years of experience in handling police-related cases. They know the specifics of how the system works and can effectively protect your rights in crisis situations. When it comes to confronting a state representative, you need a strong and independent defender. Find such a specialist on Legal.ge and ensure your defense by professionals.