{"id":352134,"date":"2023-09-05T10:13:05","date_gmt":"2023-09-05T15:13:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/resisting-arrest.html"},"modified":"2023-09-05T10:13:05","modified_gmt":"2023-09-05T15:13:05","slug":"resisting-arrest","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/resisting-arrest.html","title":{"rendered":"Resisting Arrest"},"content":{"rendered":"\n
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Resisting Arrest<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Resisting arrest typically involves intentionally obstructing or interfering with a law enforcement officer during a lawful arrest. While often charged as a misdemeanor, the offense can escalate to a felony if it involves violence, injury, or weapons.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most often, resisting arrest cases occur when police attempt to make an arrest and the suspect fights back or attempts to break free. From a public safety standpoint, the government takes the view that resisting arrest increases the risk of physical harm for the offender, law enforcement, and anyone else nearby.<\/p>\n

Critics of such laws see the offense as a catch-all crime that police use against people who do not cooperate with them. Yet, every criminal offense<\/a> must have specific elements that provide the public with notice of what conduct is criminal and what is not.<\/p>\n

This article takes a closer look at when a person might face charges of resisting arrest and possible defenses to the charge. It also addresses penalties and controversies surrounding the charge.<\/p>\n

If you have been charged with resisting arrest, it’s important to get legal help from a criminal law attorney<\/a>. A defense attorney can help challenge the evidence against you and counter tactics commonly used by police and prosecution.<\/p>\n

Elements of the Crime of Resisting Arrest<\/h2>\n

Resisting arrest generally involves charges against a person who obstructs, resists, or delays law enforcement during the performance of their official duties. The crime of resisting arrest often includes these elements:<\/p>\n