Is Resisting Arrest a Felony?
What is Resisting Arrest?
Resisting arrest is the act of attempting to evade or prevent a law enforcement officer from performing their duties while they are making an arrest. This can include physically resisting the officer, trying to flee, or failing to comply with the officer’s instructions.
Is Resisting Arrest a Felony?
The answer to this question depends on the jurisdiction and the circumstances of the incident. In general, resisting arrest can be a misdemeanor or a felony, depending on the severity of the resistance and the laws of the state or country.
Types of Resisting Arrest Charges
There are several types of resisting arrest charges that can be filed, including:
- Misdemeanor Resisting Arrest: This is the most common type of resisting arrest charge. It is usually a Class A or Class B misdemeanor, punishable by fines and/or up to a year in jail.
- Felony Resisting Arrest: This type of charge is usually filed when the resistance is violent or there is a history of resisting arrest. It can be a Class C or Class D felony, punishable by fines and/or up to 10-20 years in prison.
- Aggravated Resisting Arrest: This type of charge is usually filed when the resistance is extreme or there is a threat to the officer’s safety. It can be a Class A or Class B felony, punishable by fines and/or up to 20-30 years in prison.
Circumstances that Can Elevate a Resisting Arrest Charge
The following circumstances can elevate a resisting arrest charge to a felony:
- Use of Force: Using physical force against an officer, such as punching, kicking, or biting.
- Violence: Using violence against an officer, such as choking or attempting to disarm them.
- Destruction of Property: Destroying property, such as a car or building, during the arrest.
- Flight Risk: Fleeing from the scene of the arrest or attempting to evade capture.
- Repeat Offender: Having a history of resisting arrest.
Penalties for Resisting Arrest
The penalties for resisting arrest vary depending on the jurisdiction and the severity of the offense. Here are some general guidelines:
| Charge | Penalty |
|---|---|
| Misdemeanor Resisting Arrest | Fines: $500-$1,000; Jail: 30 days-1 year |
| Felony Resisting Arrest | Fines: $1,000-$10,000; Prison: 2-10 years |
| Aggravated Resisting Arrest | Fines: $5,000-$20,000; Prison: 5-20 years |
Defenses to Resisting Arrest Charges
There are several defenses that can be used to challenge a resisting arrest charge, including:
- Reasonable Suspicion: The officer did not have reasonable suspicion to make the arrest.
- Excessive Force: The officer used excessive force during the arrest.
- Lack of Probable Cause: The officer did not have probable cause to make the arrest.
- Mistaken Identity: The person was mistakenly identified as the perpetrator.
- Self-Defense: The person used force in self-defense during the arrest.
Conclusion
Resisting arrest can be a serious offense that carries significant penalties. It is important to understand the laws and penalties in your jurisdiction and to seek legal advice if you are facing a resisting arrest charge.
