Maryland Resisting Arrest Laws

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

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

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

What Must the State Prove To Secure a Resisting Arrest Conviction in Maryland?

To prove that someone is guilty of resisting arrest under Maryland’s resisting arrest laws, the state must prove its case beyond a reasonable doubt. This requires that they demonstrate the following:

• A law enforcement officer arrested or attempted to arrest the defendant
• The arrest was lawful
• The offender refused to submit to the arrest by using physical force or evasion

If the prosecutor can prove these three things and you don’t have a valid defense, you will face criminal penalties. Keep in mind that many officers and squad cars have cameras that will record the encounter.

Maryland Resisting Arrest Laws at a Glance

There’s a lot to know about Maryland’s criminal statutes. When dealing with criminal law, seeking legal advice from a seasoned criminal defense lawyer is often a very good idea.

Let’s take a look at the important aspects of Maryland’s resisting arrest laws.

Statutes

Maryland Code §9-408 (Resisting Arrest)

Elements of the Crime

To be guilty of resisting arrest, the state must prove that you did one of the following:

• Resisted a lawful arrest
• Interfere with someone the defendant knows or has reason to believe is a police officer while they are executing the arrest or detention of another person

Penalties and Sentencing

A charge of resisting arrest in Maryland is a misdemeanor with up to three years in prison and a fine of up to $5,000. It is separate from any other underlying charges.

Possible Defenses Against Resisting Arrest Charges

Below are some potential defenses against charges of resisting arrest. There’s no guarantee any will apply to your situation.

• Self-defense against an officer’s unreasonable use of force or use of excessive force
• Unlawful arrest/Police misconduct
• Conduct doesn’t rise to the level of resisting/interfering with a lawful arrest

An arresting officer can use reasonable force when taking someone into custody.

Associated Crimes

• First Degree Escape: Felony with a potential prison sentence of up to 10 years and/or a fine of up to $20,000
• Second Degree Escape: Misdemeanor with a possible sentence of up to three years in prison and/or a fine of up to $5,000

Disclaimer: State laws are subject to change through the passage of new legislation, rulings in the higher courts, and other means. While we strive to provide the most current information, consult a skilled criminal defense attorney or conduct further legal research to verify your state laws.

Charged Under Maryland Resisting Arrest Laws? Talk to an Attorney

If you are facing resisting arrest charges in Maryland, you should speak with a criminal defense lawyer. Choose a law office with attorneys who have experience handling criminal cases. They’ll review your case, attempt to negotiate a favorable plea deal with the prosecutor, and represent you in court if your case goes to trial.

Additional Resources

If you have additional questions about Maryland’s resisting arrest laws, click on the following links to learn more:

• Search and Seizure: The Limitations of the Police
• Maryland Criminal Statute of Limitations
• Maryland Criminal Laws