RESISTING ARREST

When injustice becomes law, resistance becomes duty.
— Thomas Jefferson

Every year in California, thousands of people are wrongfully arrested for "resisting arrest." Usually the arrest happens when a law enforcement officer overreaches their authority and a civilian questions that action, or refuses to submit. Years ago, such defiance in the face of government oppression would have been viewed as a virtue. Today, challenging the police can and will get you thrown in jail. There is a reason for this.

In 1994 the United States Supreme Court decided the case of Heck v. Humphrey. You can read the opinion here, but the simplest explanation of how this case affects a person arrested for resisting is this: if you are found guilty of resisting, you are going to have enormous legal obstacles suing the officers for violating your rights. That’s why people often get arrested for resisting arrest whenever the police use excessive force. Arresting you is an insurance policy for the cops.

You'll receive no justice in the courts unless you are willing to stand up for yourself and fight back. That's where we come in.

Attorney Izaak Schwaiger has an unparalleled record of success defending people accused of resisting the police. From political protestors to victims of police brutality to citizens of principle who have refused to back down in the face of a bully with a badge, Izaak Schwaiger's results defending those accused of resisting the police are as numerous as they are unparalleled. 

We became lawyers to make a difference, to fight for those who could not fight for themselves, to take on the hardest cases, and to hold back the rising tide of police abuse in our communities. If you’ve been arrested for resisting arrest, call for more information. (707) 595-4414.