Is Resisting Arrest a Felony or Misdemeanor?
Resisting arrest is a criminal offense that can have serious consequences, including fines, imprisonment, and a criminal record. But what exactly is resisting arrest, and is it a felony or a misdemeanor? In this article, we’ll explore the answers to these questions and provide a comprehensive overview of the laws surrounding resisting arrest.
What is Resisting Arrest?
Resisting arrest is the act of physically resisting or obstructing a law enforcement officer who is attempting to make an arrest. This can include actions such as:
• Physical resistance: Using physical force to try to prevent an officer from making an arrest
• Verbal resistance: Refusing to comply with an officer’s instructions or using abusive language
• Obstruction: Intentionally blocking or hindering an officer’s ability to make an arrest
Is Resisting Arrest a Felony or Misdemeanor?
The answer to this question depends on the jurisdiction and the specific circumstances of the case. In general, resisting arrest can be charged as either a felony or a misdemeanor.
Felony Resisting Arrest
In some states, resisting arrest can be charged as a felony if the arrest is for a serious crime, such as:
• Violent crimes: Felonies like assault, battery, or robbery
• Drug-related crimes: Felonies like drug trafficking or possession of large quantities of drugs
• Warrants: Felonies like fleeing from a law enforcement officer or resisting arrest with a warrant
Felony resisting arrest can carry more severe penalties, including:
• Longer prison sentences: Up to 10 years or more in prison
• Higher fines: Up to $10,000 or more in fines
• Stricter probation: More restrictive probation terms, including electronic monitoring and community service
Misdemeanor Resisting Arrest
In other states, resisting arrest can be charged as a misdemeanor if the arrest is for a less serious crime, such as:
• Misdemeanor crimes: Crimes like disorderly conduct, petty theft, or public intoxication
• No warrant: Arrests without a warrant, where the officer has probable cause to believe a crime has been committed
Misdemeanor resisting arrest can carry less severe penalties, including:
• Shorter prison sentences: Up to 1 year in prison
• Lower fines: Up to $1,000 or less in fines
• Less restrictive probation: Less restrictive probation terms, including community service and counseling
Table: Felony vs. Misdemeanor Resisting Arrest
| Felony Resisting Arrest | Misdemeanor Resisting Arrest | |
|---|---|---|
| Penalties | Longer prison sentences (up to 10 years) | Shorter prison sentences (up to 1 year) |
| Higher fines (up to $10,000) | Lower fines (up to $1,000) | |
| Stricter probation | Less restrictive probation | |
| Circumstances | Serious crimes (violent, drug-related, or warrant-related) | Less serious crimes (misdemeanor crimes or no warrant) |
Consequences of Resisting Arrest
Resisting arrest can have serious consequences, including:
• Increased charges: Resisting arrest can lead to additional charges, including assault on a police officer or obstruction of justice
• More severe penalties: Resisting arrest can result in more severe penalties, including longer prison sentences and higher fines
• Criminal record: Resisting arrest can result in a criminal record, which can impact future employment, education, and housing opportunities
Conclusion
Resisting arrest is a serious criminal offense that can have significant consequences. Whether it is charged as a felony or a misdemeanor, resisting arrest can result in fines, imprisonment, and a criminal record. It is essential to understand the laws surrounding resisting arrest and to comply with the instructions of law enforcement officers to avoid these consequences.
