Civil rights and civil liberties provide important protections to the citizens and residents of the U.S. One vital protection is the right to be free from police misconduct, which includes false arrests. Generally speaking, however, it's a good idea to comply with a police officer's orders when you have an interaction with one, especially if you're being arrested. Unless you're in physical danger, addressing police misconduct or a false arrest is usually best done after the fact, with an attorney by your side.
Resisting arrest, even when you think it's an invalid arrest, is risky as most states, including Indiana, treat resisting arrest as a separate crime. This means that even if you're not charged with the crime underlying your arrest, you could still face penalties for resisting the arrest itself.
Indiana Resisting Arrest Laws at a Glance
A vital step in researching the answer to a legal question is reading the actual language of the law. But this can take more time that you want to spend since laws are usually written in "legalese." For this reason, reading a summary of the law in everyday language can speed up the process in getting to an answer. In the chart that follows you can find just that - a summary of Indiana resisting arrest laws and links to relevant statutes.
Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1 (Resisting Law Enforcement)
|What Is Resisting Arrest?
Resisting arrest occurs when a person knowingly and intentionally:
- Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties;
- Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or
- Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.
*Officers can identify themselves visibly or audibly, including siren or emergency lights.
Resisting arrest charges can range from a Class A misdemeanor to a Level 2 felony, depending on the circumstances.
Misdemeanors and felonies are generally punished as follows:
Note: A felony conviction can also result in a fine of up to $10,000.
Indiana Code, Title 35, Article 44.1, Chapter 3:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Indiana Resisting Arrest Laws: Related Resources
For additional resources and information related to this topic, please click on the links listed below.
Charged with Violating Indiana Resisting Arrest Laws? Contact an Attorney
The circumstances surrounding your arrest will affect the penalties that may be imposed if you're convicted of resisting arrest. If you've been charged with resisting arrest, it's in your best interest to contact a local criminal defense attorney who can explain how Indiana resisting arrest laws apply to your case what defenses you have available.