{"id":376049,"date":"2017-12-28T17:55:38","date_gmt":"2017-12-28T22:55:38","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-resisting-arrest-laws.html"},"modified":"2025-09-22T11:53:52","modified_gmt":"2025-09-22T16:53:52","slug":"pennsylvania-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-resisting-arrest-laws.html","title":{"rendered":"Pennsylvania Resisting Arrest Laws"},"content":{"rendered":"\n
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Pennsylvania 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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Key Takeaways<\/h2>\n

Resisting arrest<\/span> in Pennsylvania<\/span> is defined as intentionally preventing or interfering with the duties of a law enforcement<\/span> officer<\/span>\u2019s lawful arrest<\/span>. The crime is a second-degree misdemeanor<\/span> with penalties of up to two years in prison and $5,000 in fines.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Nobody is happy about being arrested. Most people don’t give the arresting officer<\/span> a hard time when being taken into custody. While it’s important to know your rights<\/span>, it’s also crucial that you understand your state’s resisting arrest<\/span><\/a> laws.<\/p>\n

The resisting arrest<\/span> laws vary from state to state. The Commonwealth<\/span> of Pennsylvania<\/span> defines resisting arrest<\/span> as intentionally preventing a public servant<\/span> from lawfully arresting you<\/a> or interfering with their duties.<\/p>\n

Pennsylvania<\/span> law<\/span> also dictates that you cannot create a substantial risk of injury to either the arresting officer<\/span> or another person. It\u2019s also unlawful to do something that requires the police officer<\/span> to use substantial force<\/span><\/a> to stop the resistance.<\/p>\n

This article explains Pennsylvania<\/span>‘s resisting arrest<\/span> laws, including the potential penalties and defenses to this crime. If you’re currently facing resisting arrest<\/span> charges<\/span>, it\u2019s a good idea to speak with a Pennsylvania<\/span> criminal defense lawyer.<\/span><\/a><\/p>\n

The State Must Prove a Lawful Arrest<\/span><\/h2>\n

For the state to convict you of resisting arrest<\/span>, the prosecutor must prove that the officer had probable cause<\/span> to arrest you in the first place. In other words, law enforcement<\/span> must have been effecting a lawful arrest<\/span><\/a> at the time of resistance.<\/p>\n

If your defense lawyer<\/span> can demonstrate that the police lacked probable cause<\/span><\/a> to arrest you, the prosecutor may dismiss the charges. Even if this doesn’t happen, your attorney will use the lack of a lawful arrest<\/span> as the basis for your defense.<\/p>\n

What Is Probable Cause<\/span>?<\/h2>\n

The law enforcement<\/span> officer<\/span> who arrested you must have had probable cause<\/span> that you committed a crime. The Fourth Amendment<\/a> demands that the police have reasonable evidence that you have committed a crime before making an arrest. Reasonable suspicion is not enough.<\/p>\n

When a judge determines whether the arresting officer<\/span> had probable cause<\/span> to arrest<\/a> you, they consider the totality of the circumstances, including:<\/p>\n