Pennsylvania Resisting Arrest Laws

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

The resisting arrest laws vary from state to state. The Commonwealth of Pennsylvania defines resisting arrest as intentionally preventing a public servant from lawfully arresting you or interfering with their duties.

Pennsylvania law also dictates that you cannot create a substantial risk of injury to either the arresting officer or another person. It’s also unlawful to do something that requires the police officer to use substantial force to stop the resistance.

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

The State Must Prove a Lawful Arrest

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

If your defense lawyer can demonstrate that the police lacked probable cause 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 as the basis for your defense.

What Is Probable Cause?

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

When a judge determines whether the arresting officer had probable cause to arrest you, they consider the totality of the circumstances, including:

• The facts the officer personally witnessed
• The police officer‘s experience and training
• The reliability of the information on which the officer based their decision

Probable cause is more substantial than reasonable suspicion but less than the “beyond a reasonable doubt” standard required for a guilty verdict.

Pennsylvania Resisting Arrest Laws: Recap

We’ve gathered the important elements of Pennsylvania‘s resisting arrest laws below, including links to important code sections.

Statute and Elements of the Crime

18 Pa.C.S.A § 5104

Resisting arrest occurs when one of the following applies:

• You intentionally attempt to prevent a public servant from arresting you or from discharging any other duty, thereby creating a substantial risk of bodily injury to the public servant or anyone else
• You employ means justifying or requiring the officer to use substantial force to overcome the resistance

“Public servant” includes police officers and other law enforcement officials. It does not apply to private security guards.

Penalties and Sentencing

If found guilty of Pennsylvania‘s resisting arrest laws, you’ve committed a misdemeanor of the second degree. This crime carries a maximum sentence of two years and fines up to $5,000.

Possible Defenses Against Resisting Arrest in Pennsylvania

• Lack of intent
• Self-defense
• The officer used excessive force
• The person was not a public servant

Related Offense

18 Pa.C.S.A § 5104.1: Disarming a law enforcement officer

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

Facing Resisting Arrest Accusations? Speak With a Pennsylvania Criminal Defense Attorney

If the police have charged you with resisting arrest, consider talking to an experienced Pennsylvania criminal defense attorney. In most resisting arrest cases, the prosecutor pursues charges for resisting arrest and the underlying crime. This can result in possible jail time, fines, and other penalties.

A skilled criminal defense lawyer will review your case and work hard to negotiate an acquittal or a favorable plea bargain with the prosecutor. Most offer a free initial consultation and can help you get the best results possible.

Pennsylvania Resisting Arrest Laws: Related Resources

• Pennsylvania Criminal Statute of Limitations Laws
• Pennsylvania Criminal Laws
• Excessive Force and Police Brutality
• Police Misconduct and Civil Rights