Indiana Resisting Arrest Laws

Imagine a police officer pulls you over on suspicion of driving under the influence (DUI). When the officer attempts to place you under arrest, you physically struggle to avoid being handcuffed. Perhaps instead of stopping right away, you continue driving for another mile while the officer follows with lights flashing. Under Indiana law, either of these actions could result in a charge of resisting law enforcement, a serious criminal offense that is filed in addition to the underlying charge.

Depending on the circumstances, resisting arrest can range from a misdemeanor to a high-level felony offense in the state of Indiana. Varying factors can include whether the offender flees on foot or in a motor vehicle. The law also covers actions like interfering with firefighters or entering an area marked off with emergency barrier tape.

This article explains what constitutes resisting arrest under the criminal law statutes in Indiana, the potential penalties you could face, and what legal defenses may be available.

Definition of Resisting Arrest Under Indiana Law

Indiana Code defines resisting arrest as when a person knowingly or intentionally forcibly resists, obstructs, or interferes with a law enforcement officer in the course of their duties.

Resisting or obstructing may also include:

• Resisting law enforcement by force, such as resisting the use of handcuffs or physically assaulting the officer
• Interfering with any individual assisting the arresting officer in their official duties
• Obstructing or interfering with the service or execution of an order of a court
• Fleeing from an identified police officer after being given a verbal or visible order to stop, such as a spoken order or emergency lights and sirens

You can also face obstruction or interference charges if you enter an area marked off with safety tape or other physical barriers. Entering an area closed by firefighters is also considered interfering or obstructing.

Penalties for Resisting Arrest in Indiana

In Indiana, penalties for resisting arrest vary based on the specific actions involved. They range from misdemeanors to high-level felonies. Let’s take a look at what each type can encompass.

Misdemeanor Charges

When the act of resisting does not involve aggravating factors, such as using a motor vehicle or causing injury, it’s charged as a misdemeanor. The specific level of the misdemeanor charge depends on the nature of the action.

• Class A Misdemeanor: Knowingly resisting, obstructing, or fleeing from law enforcement is a Class A misdemeanor. This is punishable by up to one year in jail, a fine of up to $5,000, or both.
• Class B Misdemeanor: Interfering with a firefighter or knowingly entering an area marked off by barrier tape (interfering with public safety) is a Class B misdemeanor. Penalties include up to 180 days in jail, a fine of up to $1,000, or both.

Felony Charges

The offense is elevated to a felony if certain factors are present. This is often the use of a vehicle or causing an injury during the arrest.

Examples of felony resisting arrest under Indiana law include:

• Fleeing in a vehicle or the use of a deadly weapon: Level 6 felony punishable by six months to two and a half years in prison
• Use of a vehicle that causes serious bodily injury: Level 5 felony punishable by one to six years in prison.
• Use of a vehicle that causes death or catastrophic injury: Level 3 felony punishable by three to 16 years in prison
• Use of a vehicle that results in the death of an officer, firefighter, or EMT: Level 2 felony punishable by 10 to 30 years in prison

All felony levels also carry a potential fine of up to $10,000.

Using a vehicle to commit a felony resisting offense triggers mandatory minimum jail sentences (e.g., 30 days, 180 days, or 1 year, depending on prior offenses) that cannot be suspended. If the act injures or kills multiple people, a court can order the sentences for each victim to be served one after the other (consecutively), leading to a much longer total time in prison.

A resisting arrest charge is a separate offense that can be filed in addition to any other criminal charges from the same incident. This means the possibility of facing additional prison or jail time.

Defenses Available for a Resisting Arrest Charge in Indiana

According to the statute, resisting arrest charges do not apply to parents, spouses, and others who enter taped-off areas in the reasonable belief that a family member is there and has suffered or is at risk of suffering serious bodily injury. Other possible defenses can include:

• Lack of intent: Intent is presumed, but you can attempt to show you were not attempting to flee. You can argue that you didn’t hear the initial command or were obeying the lights and sirens but seeking a safe place to pull over.
• Miscommunication or misunderstanding: If you did not realize the situation or were unaware that law enforcement officials were attempting to detain you, you could argue that you would have complied if you had understood. This often hinges on whether the officers adequately identified themselves.
• Police misconduct or excessive force: Believing you are being subjected to an unlawful arrest does not waive a resisting arrest charge. However, if a law enforcement officer uses excessive or unreasonable force during the encounter, you may have the right to use reasonable force to protect yourself from serious injury. This is a complex self-defense argument that requires careful legal analysis and does not automatically cancel out a resisting arrest charge.

Police often charge defendants with resisting as a plea-bargaining tactic. If you resisted without force, a criminal defense attorney can help lessen or defeat the charges.

Get Legal Advice From an Indiana Criminal Defense Attorney

If you’re charged with resisting arrest or any other criminal charge, making your first call to a criminal defense lawyer in your area is a good idea. They can explain the nature of the charges and help you craft an effective defense strategy.