What constitutes a legitimate defense against a charge of resisting arrest?

A legitimate defense against a charge of resisting arrest is when the arrest was unlawful. In the context of criminal law, an individual is generally required to submit to arrest if it is carried out by a law enforcement officer in a lawful manner. However, if the arrest is deemed unlawful—meaning the officer does not have probable cause, a warrant, or is acting outside the scope of their authority—then the individual may have grounds to resist the arrest without incurring criminal liability.

The legality of the arrest is crucial; individuals should not be held accountable for resisting conduct that is itself illegal. Therefore, demonstrating that the arrest was unlawful can effectively provide a defense against a charge of resisting arrest. In this context, the suspect can argue that they had the right to believe that the arrest was invalid, rendering their actions defensible.

The other options do not provide a valid defense. An officer being off duty does not inherently make an arrest unlawful. The absence of physical contact does not preclude a charge of resisting arrest, as resistance can include verbal objections or attempts to flee. Lastly, a suspect not being aware of the arrest does not negate the fact that the resisting behavior occurred, as this awareness is not a legal requirement for the arrest's validity.