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 its objective is to protect public order and guarantee 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 offenders and the judicial system.
What is the crime of disobedience?
Disobedience to authority refers to a person’s refusal to comply with legal orders issued by a public official in the exercise of their duties. It can take different forms:
- Direct refusal : To verbally or clearly refuse to comply with an order.
- Non-compliance with regulations : Ignoring specific legal provisions established by the authorities.
Example: Not leaving a place when ordered to do so by the police or failing to comply with clear instructions during an operation.
What is the crime of resisting authority?
On the other hand, the crime of resisting authority involves actively opposing the fulfillment of legitimate orders, using physical acts or deliberate actions to hinder the work of the authorities. This includes, for example:
- To physically resist arrest.
- Actively obstruct the actions of a law enforcement officer.
The key difference with disobedience lies in the fact that resistance has a physical component or a more active intention to obstruct.
Penalties for disobedience and resistance to authority
The penalties vary depending on the severity of the act and the circumstances of the case, but the most common include:
- Prison 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.
- Criminal record : A conviction leaves a record on a criminal record, affecting the offender’s reputation and limiting their access to certain jobs or legal benefits.
- Compensation for damages : If the actions result in property damage or injuries, the offender may be required to compensate the victim.
- Precautionary measures : During the judicial process, the judge may impose restrictions, such as restraining orders or prohibitions on access to certain places.
Legal defense for the crime of resistance and disobedience to authority
Facing charges of resisting arrest and disobeying authority can be a complex and challenging situation. Having specialized legal representation is key to protecting the defendant’s rights and seeking the most favorable outcome. If you are looking for criminal defense lawyers in Barcelona , our team is ready to offer you a strong and personalized defense.
1. Analysis of the Circumstances of the Case
Expert lawyers analyze in detail the circumstances surrounding the events, assessing whether there was genuine resistance and disobedience to authority . This includes identifying potential defense arguments such as:
- Absence of criminal intent.
- Situations of legitimate self-defense.
- Irregularities in the actions of the agents.
2. Review of Police and Judicial Procedures
A crucial part of the defense is verifying 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 violations of rights, the charge of resisting arrest and disobeying authority may be dismissed.
3. Sound Legal Argumentation
The criminal defense attorney develops a strategy based on current legislation, demonstrating the absence of a crime or the lack of sufficient evidence. This includes arguing that the defendant’s actions do not constitute serious disobedience or resistance .
4. Negotiation with the Prosecutor’s Office
In some cases, lawyers can negotiate with the prosecutor to reduce the penalties associated with the crime of resisting and disobeying authority . This may involve accepting smaller fines or plea bargains that avoid more severe penalties.
Why choose a criminal lawyer specializing in resistance and disobedience?
A criminal defense attorney experienced in the crime of resisting and disobeying authority not only offers in-depth knowledge of the law, but also a personalized strategy to address each case. This approach guarantees:
- The protection of the defendant’s rights throughout the entire process.
- The active search for favorable solutions, whether through direct defense or negotiation.
- Minimizing the legal and personal consequences associated with the crime.
Having a strong legal defense is essential to confidently face accusations of this kind and obtain the best possible outcome. Trust Nieto Enríquez Criminal Lawyers, specialists in criminal law.
