If you or someone you know has been charged with resisting arrest, you're probably feeling a whirlwind of emotions—confusion, frustration, maybe even anger. How did things escalate so quickly? Did you really “resist” or were you just caught in a misunderstanding? Resisting arrest is one of the most overused charges in criminal cases, and its vague nature can make it a tough nut to crack in court.
This blog will dive into the nitty-gritty of what it means to resist arrest, how these charges are often overblown, and what you can do to fight back. Whether you're facing a charge yourself or just want to better understand how the system works, you’re in the right place.
What Does "Resisting Arrest" Really Mean?
“Resisting arrest” is a charge that pops up in courtrooms far more often than you'd think, but its legal definition is often misunderstood. In simple terms, resisting arrest occurs when a person actively or passively interferes with a law enforcement officer's attempt to make a lawful arrest.
Active resistance can include physical actions, like pulling away, fighting, or fleeing the scene. On the other hand, passive resistance might involve failing to comply with verbal commands, stiffening up, or simply not cooperating.
The problem with this charge lies in its ambiguity. The line between someone genuinely resisting and someone reacting instinctively or out of confusion is often blurred. To make matters worse, law enforcement officers sometimes use the charge to justify excessive force or retaliate against individuals they feel were uncooperative.
Understanding the complexities of this charge is critical because what might seem like “resistance” to an officer could actually be a natural human reaction to stress or fear.
Common Scenarios Where Resisting Arrest Is Alleged
Resisting arrest charges often arise in situations where emotions run high, and interactions between law enforcement and civilians are already tense. These scenarios illustrate how quickly a situation can escalate into a resisting arrest charge, often fueled by misinterpretation or a breakdown in communication.
To better understand how these charges come about, let’s explore five common scenarios where resisting arrest allegations are made.
1. Physical Struggle During Arrest
One of the most straightforward examples is when a person physically struggles with law enforcement during an arrest. For example, pulling your arm away when an officer tries to handcuff you can be labeled as “resisting.” Even minor movements can be exaggerated in police reports to justify the charge.
2. Verbal Confrontations Escalating
It’s not uncommon for people to question an officer’s actions or voice their frustration during an arrest. While exercising free speech isn’t a crime, some officers may interpret heated words as resistance, especially if they feel challenged.
3. Miscommunication or Lack of Understanding
Language barriers, hearing impairments, or just plain confusion about what’s being asked can lead to allegations of resisting arrest. If someone doesn’t immediately comply with an officer’s commands, it might be perceived as defiance rather than misunderstanding.
4. Flight or Attempted Escape
Running from the police is almost always considered resisting arrest. Whether it’s an attempt to avoid confrontation or pure panic, fleeing the scene—even briefly—can quickly lead to this charge.
5. Failing to Comply With Orders
Failing to get out of a vehicle, refusing to put your hands behind your back, or not responding to a command can all be categorized as resisting arrest. However, the context matters—was the individual genuinely refusing, or were they confused or frightened?
Why Resisting Arrest Charges Are Often Overused
Resisting arrest is a highly subjective charge, and that’s part of the problem. It’s easy for law enforcement to tack it on when they feel their authority has been challenged or when they want to justify their actions during an arrest.
This charge is often used as a “catch-all” offense, giving officers broad discretion to accuse someone of wrongdoing even in cases where resistance was minimal or nonexistent. It can also serve as a convenient way to shift blame onto the arrested individual, diverting attention away from potential misconduct by law enforcement.
The overuse of resisting arrest charges highlights a deeper issue within the justice system—power dynamics. Without proper accountability, these charges can be abused, disproportionately affecting marginalized communities and contributing to a cycle of mistrust between civilians and law enforcement.
Key Factors That Can Undermine a Resisting Arrest Charge
The good news is that resisting arrest charges are often defensible in court. By examining the details of your case, your criminal defense attorney can identify key factors that may weaken the prosecution’s argument.
Here are five critical points to consider:
1. Was the Arrest Lawful?
For a resisting arrest charge to be valid, the initial arrest must be lawful. If the officer did not have probable cause to make the arrest or violated your constitutional rights—such as conducting an unlawful search or failing to inform you of the reason for the arrest—the resisting arrest charge can be dismissed.
2. Officer’s Use of Force
Excessive force by law enforcement, such as punching, choking, or using a taser unnecessarily, can change the context of a resisting arrest allegation. If an officer used unreasonable physical force, like slamming you to the ground without cause, your reaction might be considered self-defense rather than resistance.
3. Your State of Mind
Intent is critical in a resisting arrest charge. For example, showing that you pulled away from an officer out of fear, hesitated due to confusion, or misunderstood their instructions rather than deliberately resisting can serve as a strong defense.
4. Witness Testimony
Eyewitness accounts can provide a clearer picture of what actually happened. For instance, if bystanders saw the arrest and can testify that you kept your hands visible and followed police instructions without resistance, their statements could be crucial evidence in your favor.
5. Body Camera Footage
Video evidence from body cameras or bystanders’ smartphones often provides a clearer account of incidents than a police report. For example, such footage can reveal discrepancies in the officer’s description of events, such as the use of force, sequence of actions, or interactions with individuals, and may even expose outright falsehoods in their statements.
How a Criminal Defense Attorney Can Turn the Tables in Your Case
Facing a resisting arrest charge can feel overwhelming, but you don’t have to go through it alone. A skilled criminal defense attorney from Brad Bailey Law knows how to scrutinize every aspect of your case, from the legality of the arrest to the credibility of the officer’s testimony.
We can challenge the evidence against you, highlight inconsistencies in the prosecution’s argument, and present compelling evidence in your favor. In many cases, we can negotiate with prosecutors to reduce or dismiss the charges altogether.
If you’re currently facing a resisting arrest charge, don’t wait to seek legal help. The sooner you consult with an experienced criminal defense attorney, the better your chances of achieving a favorable outcome.
Overall, resisting arrest charges can be daunting, but understanding the law and working with the right legal team can make all the difference. Remember, you have rights, and you deserve a fair chance to tell your side of the story.
Your future is too important to leave to chance. Call us at (617) 500-0252 or fill out our online form to book a consultation.