The crime of disobedience and resistance to authority: Keys to understanding it.

The crime of disobedience and resistance to authority is one of the pillars in the field of criminal law, since it aims to protect public order and ensure respect for the legitimate orders of the authorities.

This crime is regulated in the Spanish Penal Code, mainly in articles 556 and 550, and its legal implications can be serious for both the offenders and the judicial system.

What is the crime of disobedience?

Disobedience to authority refers to the refusal of a person to comply with lawful orders issued by a public official in the exercise of his or her duties. It can occur in different ways:

• Direct refusal: Refusing verbally or clearly to comply with an order.
• Non-compliance with regulations: Ignoring specific legal provisions established by the authorities.

Example: Failure to leave a place when ordered to do so by the police or failure to comply with clear instructions during an operation.

What is the crime of resisting arrest?

On the other hand, the crime of resistance involves active opposition to the fulfillment of legitimate orders, using physical acts or deliberate actions to hinder the work of the authorities. This includes, for example:

• Physically resisting arrest.
• Actively blocking the action of a law enforcement officer.

The key difference with disobedience is that resistance has a physical component or a more active intent to obstruct.

Sanctions for disobedience and resistance to authority

Penalties vary depending on the seriousness of the act and the circumstances of the case, but the most common penalties include:

1. Imprisonment or fines:
   
   
   • Minor resistance and disobedience: Fines of 6 to 18 months or imprisonment of 3 months to 1 year.
     
   • Aggravated resistance: Prison sentences of up to 3 years.
     
     
2. Criminal Record: A conviction leaves a criminal record, affecting the offender’s reputation and limiting his or her access to certain jobs or legal benefits.
   
   
3. Reparation of damages: If the actions result in property damage or injury, the offender may be obliged to compensate the victim.
   
   
4. Precautionary measures: During the judicial process, the judge may impose restrictions, such as restraining orders or prohibitions of access to certain places.
   

Legal defense for the crime of resistance and disobedience to authority.

Facing charges for the crime of resistance and disobedience can be a complex and challenging situation. Having a specialized legal defense is key to protecting the rights of the accused and seeking the most favorable resolution. If you are looking for criminal lawyers in Barcelona, our team is ready to offer you a solid and personalized defense.

1. Analysis of the Circumstances of the Case

The expert lawyers analyze in detail the circumstances in which the events occurred, assessing whether there was actual resistance and disobedience to authority. This includes identifying possible defense arguments such as:

• Absence of criminal intent.
• Situations of self-defense.
• Irregularities in the actions of the agents.

2. Review of Police and Judicial Proceedings

A crucial part of the defense is to verify that the procedures carried out by the police and the judicial system comply with the law. If flaws are detected, such as unclear orders or violation of rights, the charge for the crime of resistance and disobedience may be dismissed.

3. Sound Legal Argumentation

The criminal defense attorney develops a strategy based on current legislation, demonstrating the non-existence of the crime or the lack of sufficient evidence. This includes arguing that the defendant’s actions do not constitute gross disobedience or resistance.

4. Negotiation with the Prosecutor’s Office

In some cases, attorneys may be able to negotiate with the prosecutor to reduce the penalties associated with the crime of resisting and disobeying arrest. This may involve the acceptance of lower fines or plea bargains that avoid more serious penalties.

Why choose a criminal lawyer specialized in resistance and disobedience?

A criminal lawyer with experience in the crime of resistance and disobedience to authority not only offers a thorough knowledge of the regulations, but also a personalized strategy to address each case. This approach guarantees:

• The protection of the defendant’s rights throughout the process.
• The active search for favorable solutions either through direct advocacy or negotiation.
• Minimization of the legal and personal consequences associated with the crime.

Having a solid legal defense is essential to face accusations of this type with confidence and obtain the best possible resolution. Trust Nieto Enriquez Abogados Penalistas, specialists in criminal law.