Resisting Arrest

Resisting arrest is a criminal charge that can arise at a moment’s notice, under unexpected and even frightening and confusing circumstances. No one wakes up planning to resist arrest later that day. Resisting arrest is usually a charge that follows the sudden appearance of law enforcement officers on the scene, when the defendant later charged with resisting arrest is confused, aggravated, angry, or otherwise emotional, and not in ordinary control of the usual faculties. 

Resisting arrest can thus be a criminal charge that our skilled attorneys at the Lento Law Group may be able to successfully defend. But you must take the charges seriously and promptly retain our attorneys. Prosecutors take resisting arrest charges seriously and will back up their law enforcement officers. You need our best available defense.

Elements of Resisting Arrest

States generally define resisting arrest broadly. The crime may include several forms of obstructing, endangering, assaulting, threatening, disobeying, hindering, delaying, or otherwise resisting a law enforcement officer who attempts to take another under arrest. Generally, though, the defendant must know that the officer is attempting an arrest and must intend the actions that constitute resisting. Pulling one’s arm away from a person whom one does not know to be a law enforcement officer, or walking away from an officer whom one does not know has given a command to submit to arrest, would not ordinarily constitute resisting arrest.

While the resisting arrest crime typically involves the defendant’s arrest, the one charged with resisting may initially be interfering with the arrest of someone else, resulting in the arrest and charge for resisting. States may include obstruction, assault, and endangerment within the resisting arrest crime or define separate crimes for those other offenses. Depending on the state’s definitions, one incident may thus result in a single charge of resisting arrest or multiple charges for assault on an officer, obstruction of the officer’s duties, and resisting arrest.

Examples of Resisting Arrest

The classic incident of resisting arrest may be a drunken suspect pulling his arm out of the arresting officer’s grip, shoving or striking the officer, and turning and moving away after the officer has indicated that the suspect is under arrest. But broad state definitions of resisting arrest may include other actions, such as:

• refusing to obey an officer’s command to stop and submit to arrest, while walking or running away;
• striking or shoving an officer so that the officer cannot restrain the suspect to place the suspect under arrest;
• threatening an officer with bodily harm if the officer attempts to continue with an arrest;
• arguing with an officer who has placed the suspect under arrest, while attempting to move away;
• attempting to undo handcuffs, open a police cruiser door, or take other action to escape an arrest once initially made;
• attempting to help another escape an officer’s restraint, once the officer has indicated that the other is under arrest; or
• intentionally blocking an officer’s path as the officer pursues a suspect so that the officer cannot complete the suspect’s arrest.

Consequences of a Resisting Arrest Conviction

A conviction for resisting arrest can carry serious consequences. Depending on the circumstances, resisting arrest may not reflect a deceptive or even a dangerous character. But government officials, employers, protective services workers, and others may consider resisting arrest to reflect direct disrespect for the law. And disrespect for the law may carry stiff criminal and collateral consequences.

Criminal Penalties for Resisting Arrest

States may punish resisting arrest as anything from a relatively minor misdemeanor up to a serious felony, depending on the circumstances. Resisting arrest resulting in an officer’s injury or death can, of course, carry many years in prison and a fine of tens of thousands of dollars. But even a simple resisting arrest without officer injury could carry up to two years in prison and a fine of a couple of thousand dollars, with the officer’s endangerment, the endangerment of others, or similar aggravating circumstances. Years of probation may also follow. Beware the potentially stiff criminal penalties.

Resisting Arrest Consequences for Child Custody

Conviction for resisting arrest could also affect child custody, visitation or parenting time, and other family rights, especially if the resistance suggests an endangering character. Protective services workers and family courts expect a parent to respect the law. One who suffers a resisting arrest conviction could lose child custody or other hugely important family rights.

Resisting Arrest Consequences for Employment

Conviction for resisting arrest may also lead to disciplinary charges before a professional licensing body or board providing a vocational certificate. You could lose your medical, nursing, or other professional license, or even your teaching or other vocational certificate. And whether you lose your license or certificate or not, you could still lose your job if your employer believes that your resisting arrest conviction reflects a danger to clients, customers, or co-workers.

Other Consequences to Resisting Arrest Conviction

Conviction for resisting arrest may also cause you to lose your security clearance or firearms license on which your job and career may depend. You could also face deportation if you have an immigrant status. You could also lose important volunteer opportunities and personal privileges based on your conviction.

Defending Resisting Arrest Charges

The broad ways in which states define the resisting arrest crime can complicate its defense. But the very vagueness of the crime’s definition may in certain cases also be a criminal defense, if the reasonable person would not have understood the conduct to be within the definition of the crime. Other defenses to a resisting arrest charge, and mitigating circumstances, may include:

• you did not know the person restraining you was a police officer;
• you did not know that the officer was attempting an arrest;
• the officer used excessive force, to which you directed your resistance;
• the officer or prosecutor violated your constitutional rights;
• you are entitled to the court’s suppression of evidence; or
• you have a clean record and face a first-offense charge.

Premier Criminal Defense Available Nationwide

The Lento Law Group’s skilled and experienced attorneys are available nationwide to defend your resisting arrest criminal charges. Resisting arrest can be a serious charge, conviction for which carries very serious personal, professional, and other consequences. Retain our premier defense nationwide. Call 888-535-8652 or reach out online today.