Resisting Arrest

What is resisting arrest?
Resisting arrest is the act of resisting, delaying, or interfering with any officer who is attempting to place an individual under arrest. Resisting arrest is generally classified as a misdemeanor offense with the punishments ranging from county jail time to informal probation with permanent marks on your criminal record.

Elements of the Crime
It is important to remember that every state has its own laws governing the specifics of resisting arrest, but there are some common factors that are consistent in most states. In order to prove resisting arrest, the following elements are generally required:
  • The person willfully resisted, delayed, or interfered with the officer;
  • At the time of the incident, the officer was engaged in the performance of his job duties; and
  • The person knew or should have know that the other person was an officer and was engaged in the performance of his/her duties
If convicted
If you are convicted of resisting arrest, you might be subject to the following:
  • Jail sentence, probation, or parole
  • Fines
  • Anger management classes
  • Permanent record
Factors affecting sentence
  • Severity of the offense
  • Prior convictions
  • Injuries caused during the offense
  • Current probation or parole status
In all resisting arrest matters, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.