{"id":373885,"date":"2016-10-31T12:28:50","date_gmt":"2016-10-31T17:28:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-resisting-arrest-laws.html"},"modified":"2025-09-19T13:24:32","modified_gmt":"2025-09-19T18:24:32","slug":"maryland-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-resisting-arrest-laws.html","title":{"rendered":"Maryland Resisting Arrest Laws"},"content":{"rendered":"\n
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Maryland Resisting Arrest Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/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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Resisting arrest in Maryland<\/span> is a criminal offense that involves defying a law enforcement<\/span> officer<\/span>‘s attempt to arrest you. This can include actions like resisting handcuffs or fleeing a traffic stop<\/span>. Penalties for resisting a lawful arrest<\/span> include up to three years in prison and a $5,000 fine.<\/p>\n\n <\/div>\n\n\n\n

Most people will never have to worry about fighting a resisting arrest charge<\/span>. However, if the police attempt to take you into custody<\/a> and you resist, you will face criminal charges. In the state of <\/span>Maryland<\/span>, resisting arrest is a separate offense from the underlying crime.<\/p>\n

Under Maryland<\/span> law<\/span>, resisting arrest can involve anything from refusing to allow a police officer<\/span> to place you into handcuffs to driving away from a routine traffic stop<\/span>. If the police have a reason to believe you are committing a crime<\/span>, they have the right to detain you. They can arrest you if they have probable cause<\/span><\/a>.<\/p>\n

This article examines and explains Maryland<\/span>\u2019s resisting arrest<\/span><\/a> laws<\/span>, including the penalties and defenses to this charge. If you\u2019re facing resisting arrest charges<\/span>, speak with a criminal defense<\/span> attorney<\/span><\/a> as soon as possible. This is true whether the underlying offense involves DUI<\/span>\/DWI<\/span> or even domestic violence<\/span>.<\/p>\n

What Must the State Prove To Secure a Resisting Arrest Conviction<\/span> in Maryland<\/span>?<\/h2>\n

To prove that someone is guilty of resisting arrest under Maryland<\/span>\u2019s resisting arrest laws<\/span>, the state must prove its case beyond a reasonable doubt<\/a>. This requires that they demonstrate the following:<\/p>\n