What is Resisting Arrest?
Resisting arrest is a criminal offense that occurs when an individual refuses to obey a lawful order or directive from a law enforcement officer to surrender or submit to arrest. This can include physical resistance, verbal defiance, or any other action that obstructs the officer’s attempt to make an arrest.
The Legal Definition
In most jurisdictions, resisting arrest is defined as any act that prevents or interferes with a law enforcement officer’s ability to make a lawful arrest. This can include, but is not limited to:
- Refusing to submit to arrest
- Physical resistance or force
- Verbally resisting or refusing to obey an officer’s commands
- Hiding or attempting to evade arrest
- Destroying or attempting to destroy evidence
What Constitutes Resisting Arrest?
Resisting arrest can take many forms and can be committed by individuals of any age, race, or gender. The following are some examples of what constitutes resisting arrest:
- Physical Resistance: Pushing, shoving, or striking an officer in an attempt to prevent them from making an arrest.
- Verbal Resistance: Refusing to obey an officer’s commands, yelling, or using profanity to defy their authority.
- Hiding or Evading: Attempting to escape or hide from an officer who is trying to make an arrest.
- Destroying Evidence: Intentionally destroying or concealing evidence of a crime to prevent an officer from making an arrest.
Consequences of Resisting Arrest
Resisting arrest can have severe consequences, including:
- Criminal Charges: Resisting arrest is a criminal offense and can result in charges ranging from a misdemeanor to a felony.
- Increased Sentence: If an individual is already facing charges, resisting arrest can increase their sentence.
- Use of Force: In some cases, resisting arrest can lead to the use of force by the officer, which can result in serious injury or death.
- Loss of Civil Rights: In severe cases, resisting arrest can result in the loss of certain civil rights, such as the right to bear arms.
Examples of Resisting Arrest
The following are some examples of resisting arrest:
- A person is arrested for a DUI and refuses to exit the vehicle, leading the officer to use force to remove them.
- A suspect is told to place their hands behind their back, but instead, they try to flee the scene.
- A person is arrested for a domestic dispute and becomes physically aggressive towards the officer, refusing to calm down.
Penalties for Resisting Arrest
The penalties for resisting arrest vary depending on the jurisdiction and the severity of the offense. In general, resisting arrest can be punished with:
- Misdemeanor: Up to one year in jail and/or a fine of up to $1,000.
- Felony: Up to five years in prison and/or a fine of up to $10,000.
- Enhanced Sentence: If an individual is already facing charges, resisting arrest can increase their sentence.
Table: Resisting Arrest Penalties
| Jurisdiction | Misdemeanor | Felony |
|---|---|---|
| California | Up to one year in jail, $1,000 fine | Up to three years in prison, $5,000 fine |
| New York | Up to one year in jail, $500 fine | Up to four years in prison, $10,000 fine |
| Florida | Up to one year in jail, $1,000 fine | Up to five years in prison, $5,000 fine |
Conclusion
Resisting arrest is a serious criminal offense that can have severe consequences. It is essential to understand the legal definition and what constitutes resisting arrest to avoid committing this offense. Remember, resisting arrest is a crime that can lead to criminal charges, increased sentence, use of force, and loss of civil rights.
