District of Columbia Resisting Arrest Laws

It’s hard to know how you’ll react if a D.C. Metropolitan police officer attempts to arrest you for a crime. People can become desperate in these situations and may panic. If you give the police a hard time, you may face resisting arrest charges.

Most jurisdictions in the U.S., including Washington, D.C., have laws regarding resisting arrest. Only a handful of states allow citizens to resist what they deem an unlawful arrest. Under the District of Columbia‘s criminal laws, if a person resists arrest or prevents a police officer from making an arrest, they may face either resisting arrest charges or charges for assaulting a police officer.

This article will explain the resisting arrest laws in the District of Columbia and the penalties and defenses to this crime. If you’re facing resisting arrest charges or charges for any other criminal offense, contact a local criminal defense attorney. They’ll review your case and work hard to persuade the prosecutor to dismiss or reduce the charges.

Summary of District of Columbia Resisting Arrest Laws

To make it easier to understand the District of Columbia‘s criminal laws regarding resisting arrest, we’ve summarized them below. The sections highlight the portions of the D.C. Code related to resisting arrest and assaulting a police officer from the D.C. Metropolitan Police Department.

Washington, D.C. Statute(s)

• District of Columbia Code Division IV. Title 22, Subtitle I. Chapter 4, Section 22-405.01 (Resisting Arrest)
• District of Columbia Code Division IV. Title 22, Subtitle I. Chapter 4 Section 22-405 (Assault on a Member of the Police)
• District of Columbia Code Division IV. Title 22, Subtitle I: Chapter 4, Section 22-404.02 (Assault on a Public Vehicle Inspection Officer)
• District of Columbia Code Division IV. Title 22, Subtitle I: Chapter 4, Section 22-404.03 (Aggravated Assault on a Public Vehicle Inspection Officer)
• District of Columbia Code Division IV. Title 22, Subtitle I: Chapter 26, Section 22-2601 (Escape from Institution or Officer)

Defining the Offense of Resisting Arrest in the District of Columbia

Resisting arrest occurs when a person, without justifiable and excusable cause, intentionally resists an arrest by someone they have reason to believe is a law enforcement officer or prevents a police officer from arresting or detaining another party. It’s not justifiable or excusable for a person to rely on the use of force to resist an arrest, whether the arrest is lawful or not.

Assault on a police officer occurs when a person resists arrest using force or intimidation. Like resisting arrest, assaulting a police officer is usually a misdemeanor. If the defendant creates a substantial risk of bodily injury or actually injures a law enforcement officer, they may face felony charges.

Charges and Penalties

Resisting arrest and assaulting a police officer during the course of an arrest are misdemeanor offenses, punishable by up to six months in jail and a fine of up to $1,000.

Possible Defenses Against Resisting Arrest Charges

D.C. law recognizes several possible defenses to resisting arrest. In general, the burden of proof rests with the prosecution to prove guilt beyond a reasonable doubt. Some affirmative defenses, like self-defense or duress, may shift the burden to the defendant to prove those specific circumstances existed.

The available defenses in Washington, D.C. include:

• Duress: If the defendant resists arrest or assaults an officer while the officer attempts to arrest the defendant or a third party to prevent significant bodily injury to themselves or the other party, it may qualify as duress
• Self-defense: The defendant can argue that they were defending themselves against the law enforcement officer‘s use of excessive force, but it doesn’t apply if the defendant acted recklessly
• Mistaken identity: If the defendant had no reason to believe the person attempting to arrest them was a police officer, they may be able to claim mistaken identity, such as when an off-duty police officer doesn’t properly identify themselves
• Lack of intent: If the defendant can prove that they were not attempting to resist arrest, they may escape conviction

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, consult a local criminal defense attorney to verify your state laws.

Can You Resist an Unlawful Arrest?

Under the common law, citizens had the right to resist an unlawful arrest. If they didn’t believe the police had a legal right to arrest them, they could refuse to comply with the law enforcement officer‘s efforts to take them into custody.

This common law right to resist an unlawful arrest was based on the Fourth Amendment to the U.S Constitution. This amendment grants all United States citizens the right to liberty, which includes the right to challenge an unlawful arrest. This is no longer a blanket protection.

A small number of states still recognize some form of this common law right in their statutes, including:

• Alabama
• Georgia
• Louisiana
• Maryland
• Michigan
• Mississippi
• South Carolina
• Tennessee
• West Virginia

The practical reality is far more complex than these statutory provisions might suggest. Even in jurisdictions that theoretically allow resistance to unlawful arrests, several factors make this right virtually impossible to exercise safely.

To start, it’s nearly impossible to determine lawfulness in the moment. A lawful arrest can occur in one of three ways:

• Police observe you committing a crime
• Officers have a valid arrest warrant
• Police have probable cause that you committed a criminal offense

The first two situations are self-explanatory. To secure an arrest warrant, the officer must convince a judge that they have probable cause that the person committed a specific crime. Determining whether an officer has probable cause can be tricky, especially when facing an arrest. Probable cause is a legal standard that requires more than reasonable suspicion but less than proof beyond a reasonable doubt.

A police officer can base probable cause on several things, including:

• The officer’s personal observations
• Information from a witness, victim, or informant
• The officer’s experience and training
• Circumstantial evidence
• Information law enforcement has collected during a criminal investigation
• Reasonable inferences and common sense

Determining whether an officer truly has probable cause is a complex legal question that courts decide after the fact. It’s not something that’s easy to assess while being arrested.

The consequences of being wrong are severe. If you resist what you believe is an unlawful arrest, and a court determines the arrest was actually lawful, you’ll face additional criminal charges. Even if the original arrest is later ruled as unlawful, prosecutors may still pursue resisting arrest charges.

There’s also the issue that most jurisdictions, including D.C., don’t recognize this defense. The vast majority of states have adopted laws that make resisting arrest a crime regardless of whether you believe the arrest is unlawful. In Washington, D.C., it is not a valid defense to claim you thought the arrest was improper.

Facing Resisting Arrest Charges in Washington, D.C.? Contact a Criminal Defense Attorney

A conviction for resisting arrest in D.C. can result in severe penalties, including potential jail time, fines, and probation. In addition to resisting arrest charges, you’ll have to deal with charges for the underlying criminal offense.

Rather than risk having a jury find you guilty, it’s best to retain an experienced DC attorney to handle your case. Criminal defense attorneys are well-versed in the D.C. Code and will work diligently to achieve an acquittal or a favorable plea bargain.

Contact a seasoned legal professional after your arrest. Your odds of avoiding a conviction are much better if you have a local criminal defense lawyer by your side.