QUESTION: Can I be convicted of resisting arrest if I am drunk in public?
ANSWER: The key to resisting arrest is whether you were trying to flee from the law enforcement officer. So, it would depend on your specific actions.See VA Code§ 18.2-479.1.A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.
B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.
Note: The information in this column are opinions and are not meant to give legal advice.
This post was contributed by a community member. The views expressed here are the author's own.
We’ve removed the ability to reply as we work to make improvements. Learn more here
The views expressed in this post are the author's own. Want to post on Patch?
More from Del Ray
Restaurants & Bars|
5 Restaurants With Alexandria Ties Nominated For 2024 RAMMYs
