Felony resisting arrest occurs when an individual, during the arrest procedure, attempts to physically touch, strike or hit the arresting officer, parole officer, peace officer or any other person with legal authority to arrest an individual. There does not have to be injuries sustained by the officer, nor does a weapon have to be used in order to reach the felony level in these specific types of cases.
Felony Resisting Arrest Penalties
Depending on the original charge that stopped the individual as well as his or her actions during the arrest there are several options for felony resisting arrest charges. Each state can determine their own penalties for different types of felony resisting arrest with significant injury or the use of a weapon or firearm the most significant.
Possible Penalties for a Resisting Arrest Felony
- Jail time of up to 3 years
- Probation
- Parole
- Community service
- Mandatory anger management classes
Felony Resisting Arrest Sentencing
In virtually all cases the felony resisting arrest charge is added on to the original charge or charges, which can create a three strike situation in states that use this format. Often a criminal defense attorney can work with the prosecutor and the court to have the felony reduced to a misdemeanor, preventing the three strike scenario from occurring. In other situations the criminal defense attorney may be able to prove that that police did not provide correct identification and that the individual was acting in self-defense, unaware it was a police officer attempting to restrain them.
Get Legal Help For Felony Resisting Arrest
As a felony this type of a charge, added onto the original charge, can have a very negative impact on your future. If the original charge was also a felony, this could leave you at serious risk for extremely high penalties if you are even stopped again for another type of felony charge. Getting legal help from a criminal defense attorney is your best option in getting alternative sentencing or even getting the charge reduced to a misdemeanor, leaving much less of a mark on your record.
Felony Resisting Arrest: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $155- $200 | 20 days | Varies by Case | |
| Alaska | 500 | one year | one year | suspended license |
| Arizona | Varies by Case | From four (4) months to two (2) years | Up to one (1) year | |
| Arkansas | $350-1,000 | one-year-six years | five years | community service |
| California | 1000 | 1 year | 1 montjh | community service |
| Colorado | $250 to $1,000 | 3 months to 1 year | Varies by Case | |
| Connecticut | $ 500 to $ 4000 | Jail time of up to 3 years | 3 years | |
| Delaware | 1500 | 23 - 60 days | 2-9 years | community service |
| District of Columbia | up to $4000 | 1 -20 years | 2-5 years | community service |
| Florida | $0 - $5000 | 0 years - 5 years | Not more than 10 years | |
| Georgia | maximum of $1000 | up to 1 year | Varies by Case | |
| Hawaii | $100- 50000 | 1 year | 10 years | community service |
| Idaho | $1,000-$5,000 | up to 1 year | up to 1 year | Judge may order community service. |
| Illinois | Up to $2500 | Up to 1 year | Varies by Case | Class 4 Felony |
| Indiana | up to $5,000 | up to 1 year | up to 1 year | Judge may order community service and/or house arrest after release. |
| Iowa | up to $1,000 | 180 days in jail | 6 month probation | |
| Kansas | 400 | 12 months | 9 months | 5 months comunity service |
| Kentucky | $1000-10,000. | 10-30 years | 12 months | |
| Louisiana | 200 plus orginal fine | 30 day plus orginal crime time (no bail) | 6 months plus orginal offense | |
| Maine | Varies by Case | not to exceed 5 years | Varies by Case | |
| Maryland | 1000 | upto 2 years | Varies by Case | |
| Massachusetts | $0-$500 | 0-2.5 years | Varies by Case | |
| Michigan | maximum of $1000 | up to 1 year | Varies by Case | |
| Minnesota | 100$-1000$ | upto 1 year | 5-10 months | additonal assault and battery of a police officer |
| Mississippi | Varies by Case | Varies by Case | Varies by Case | resisting arrest is only a misdemeanor in MS, with penalties of up to $500 fine and/or 6 months in jail. |
| Missouri | up to $10,000 | up to 2 years | up to 1 year | Judge may order community service. |
| Montana | UP TO $50,000 fine | UP TO 10 YEARS | Varies by Case | |
| Nebraska | Up to $10,000 | Up to five (5) years | Varies by Case | |
| Nevada | up to $1,000 | up to 6 months | up to 1 year | Judge may order community service. |
| New Hampshire | $300-1000 | one year | never granted bail again | suspended license |
| New Jersey | $350-1000.00 | 1 month | six months | community service |
| New Mexico | Up to $5,000 | up to 1 year | up to 3 years | Judge may order community service |
| New York | Fines of up to $4000 | Jail time not to exceed one year | Varies by Case | Anger Management Classes |
| North Carolina | 350 | 1 year | 6months | community service |
| North Dakota | 1000 | 72 hours to 6 months | Varies by Case | Community service |
| Ohio | $750.00-1000.00 | 6-9 months | Varies by Case | |
| Oklahoma | 250 | 2 years | Varies by Case | |
| Oregon | 200 | 9 months | 2 mooths | |
| Pennsylvania | 5000 | 5 years | 3-month probation, | |
| Rhode Island | up to $ 50000 | life time imprisonment | Varies by Case | |
| South Carolina | $500 - $10,000 | 1 year - 10 years | 6 months - 4 years | |
| South Dakota | $100- 1000 | 90- 180 days | 18 months-1 year | community service |
| Tennessee | $500 on top of other charges | 6 months to a year | 2 yrs | |
| Texas | 4000 | 12 months | two years | community service |
| Utah | up to $750 | Varies by Case | punishable by fines only | |
| Vermont | up to $1,000 | up to 1 year | up to 2 years | |
| Virginia | 12 months | Varies by Case | Varies by Case | |
| Washington | Upto $1000 | Upto 1 year | Varies by Case | In addition to Above mentioned penalities, the punishment applicable to the crime comitted is also given |
| West Virginia | 100 $ | suspended sentence | Varies by Case | |
| Wisconsin | 10000 | three years | 3 years | community service |
