Why Resisting Arrest Is A Crime

Resisting arrest is the act of intentionally and willfully opposing or resisting any law enforcement officer in serving, executing or attempting to serve or execute any legal writ or process or resisting any lawful arrest, whether under process or not. It is a criminal offense of eluding a law enforcement officer who is attempting to arrest an individual, using or threatening to use force against a law enforcement officer during an arrest or providing an officer with false identification in order to elude arrest.

An individual who uses any form or degree of physical force in order to avert a law enforcement officer from arresting, handcuffing and taking him to prison is guilty of resisting arrest. It is considered a misdemeanor in many states and the use of even the smallest degree of physical force can render an individual a violator of the implied policies. The use of a high or maximum degree of force when resisting arrest can intensify the offense into a felony of assaulting a law enforcement officer.

How Is It A Crime?

Most state laws highly discourage any individual from presenting any resistance while being arrested even in the case of unlawful arrest. An arrested individual has the right to defend himself should the law enforcement officer use excessive force while arresting, handcuffing or taking him to prison. The law recommends that arrested individuals maintain good relations with the officer, avoid using physical force or providing any deliberate resistance while being arrested and participate in the entire process. Unlawful arrests and police misconduct can immediately be reported at the police agency or station.

Laws assume that forms of arrest include an illegal action by the arrested individual which brought about the arresting. However, all acts to resist arrest must include authority, reasonable cause and reasonable ground to believe that the arrest was unlawful in nature.

There are limits provided for the arrested individual to react during an unlawful arrest. The arrested individual is only expected to use the degree of force that is necessary to protect himself. Good faith arrests cannot be resisted provided that the officer acted in due good faith. An individual cannot resist arrest because he considers the law under which he is being arrested unconstitutional.

An individual is guilty of resisting arrest if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest, uses or threatens to use physical force or violence during arrest, uses any other means to create a substantial risk of causing physical injury to the officer or willfully maneuvers a vehicle even after the officer has signaled for it to stop.

Penalties For Resisting Arrest

Resisting arrest is considered as a misdemeanor and is punishable by fines and imprisonment. Fines can range from $100 to $1,000 and offenders can be imprisoned from twenty four hours to six months. If the offense escalated to assaulting an officer, higher fines and longer jail time will be imposed.

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