How Serious Is a Resisting Arrest Charge?
Resisting arrest is usually a misdemeanor when it involves passive or non-violent resistance, such as pulling away or refusing to put hands behind your back. It becomes a felony in many states if you use or threaten violence, injure an officer, or use a weapon. It can be charged even if the original arrest leads to no other charge, and it stays on your record unless sealed.
Resisting arrest charges come up often, sometimes alongside the original charge and sometimes as the only charge left.
What counts as resisting
Depending on state law, conduct can include (Cornell LII):
- Pulling away, stiffening arms, or refusing to be handcuffed
- Running from an officer making an arrest
- Struggling, kicking or pushing
- Giving false identification during an arrest in some states
- Related offenses: obstruction, interfering with an officer, or fleeing
Most statutes require that the officer was making a lawful arrest or performing lawful duties, and that you knew the person was an officer.
Misdemeanor vs. felony
| Conduct | Typical charge |
|---|---|
| Passive resistance, pulling away, running | Misdemeanor |
| Force or threats of violence against an officer | Felony in many states |
| Injuring an officer or using a weapon | Felony, often with enhanced penalties |
Federal law separately punishes assaulting, resisting or impeding federal officers, with higher penalties for physical contact, bodily injury or a dangerous weapon (18 U.S.C. 111).
Penalties
Misdemeanor resisting can bring fines, probation and jail of up to about a year in many states. Felony resisting can mean prison. A conviction can affect employment and is viewed negatively in future cases.
Can you be charged with resisting arrest alone?
Yes. Even if the underlying charge is dropped, or there was none, prosecutors can pursue a resisting charge. In many states, though, an unlawful arrest can be a defense; in others, you may not resist even an unlawful arrest by a known officer and must challenge it in court instead.
Common defenses
- The officer was not performing a lawful duty
- You did not know the person was an officer
- Your movement was a reflex, for example reacting to pain
- Self-defense against excessive force, which is narrow and fact-specific (Cornell LII)
- Video that contradicts the police account
What to do
The safest course in any arrest is not to resist and to challenge the arrest later. If you were charged, preserve evidence such as body camera footage requests, witness names, photos of injuries and medical records. If you believe officers used excessive force, see how to report police misconduct. Talk to a criminal defense lawyer promptly.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.