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Resisting Arrest
Resisting arrest occurs when any individual attempts to prevent, impede or hinder a peace officer or a person under the direction of a peace officer to take an individual into custody. This is a misdemeanor offense in most areas provided there is no weapon used to prevent the peace officer or designated individual from making the arrest. If the peace officer or designated individual is assaulted and injured, the misdemeanor can become a felony offense, just as it will be if a weapon is used.
Resisting Arrest Penalties
In most cases Resisting Arrest is a serious misdemeanor that often is moved up to a felony if any injury occurs during the resisting arrest incident. Depending on the state in which the incident occurred the fines and penalties can vary significantly.
Possible Penalties
- Fines of up to $4000
- Jail time not to exceed one year
- Community service
- Probation
- Anger management classes
Resisting Arrest Sentencing
There are several issues that can be presented before the court that can and will affect the sentence. One of the most important issues is the criminal record of the accused and if there are any charges of violence on the record, as well as if the individual was currently on parole or probation. The circumstances of the arrest, as well as if the officer or agent clearly identified themselves as peace officer, can be an important consideration. An attorney that is aware of the appropriate protocol for these types of arrests can help to get the cases dismissed or reduced if the police did not follow correct procedure.
Resisting Arrest Charges And Legal Help
Finding an experienced criminal defense attorney to work on your behalf before and during the trial is essential. This is one charge that can really impact on your ability to find employment in certain fields, and it may even result in the loss of a current job. Since there are many factors that come into play in these types of cases, getting legal help is essential on both this charge as well as the original charge that led to the arrest.
- If you have been charged with Resisting Arrest, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
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 | Not Available |
| Alaska | up to $500 | up to 120 days | Varies by Case | Not Available |
| Arizona | Varies by Case | 0-3 years | Varies by Case | Not Available |
| Arkansas | 200-500 | 60 days to 1 year | 3 years | work program |
| California | a maximum of $1000 fine | up to one year in the county jail | no probation | Not Available |
| Colorado | 2,000 max | 90 days | Varies by Case | SL |
| Connecticut | 500 | up to 1 year | Varies by Case | community service. |
| Delaware | 250 | 151 to 188 months | 2 years | 2 years |
| Florida | •Fines of up to $4000 | •Jail time not to exceed one year | •Probationit all depends | •Community service •Anger management classes , often resistin is moved up from a serious misdemeanor to felony. |
| Georgia | $1500 - $10,000 | Extended jail time for the original crime unless a misdemeanor; otherwise, up to 5 years for the felony resisting arrest | Depends on the original crime and previous criminal record, if any; otherwise, up to 3 years probation | Enhanced penalties for the original crimes(s); restitution to the victim, if applicable; Up to 3500 hours community service |
| Hawaii | Varies by Case | up to 1 year | Varies by Case | Not Available |
| Idaho | up to $1,000 | up to 1 year | Varies by Case | Not Available |
| Illinois | 500 | 6m-1 yr | 2 | Not Available |
| Indiana | $0-$5000 | 1 year maximum | Varies by Case | Not Available |
| Iowa | up to $1,000 | 180 days in jail | 6 month probation | Not Available |
| Kansas | 1000 | one year | 20 days | suspended license |
| Kentucky | up to $500.00 | 90 days up to 12 months | Varies by Case | Not Available |
| Louisiana | 200 plus orginal fine | 30 day plus orginal crime time (no bail) | 6 months plus orginal offense | 50 hours |
| Maine | 5000 | Definite period less than 1 year | Not defined by the statute | Not Available |
| Maryland | 500 | 6m-1 yr | 3 years no bail for any other crimes | Not Available |
| Massachusetts | not more two hundred dollars | Five hundred US dollars | Varies by Case | May attract both fine and imprisonment also. |
| Michigan | not more than $2000.00 | not more than 2 years | 1-10 years | community service,suspended license |
| Minnesota | $1,000 to $10,000 | 1 year | 90days | Not Available |
| Mississippi | 500 | Varies Widely by Case | Varies by Case | Not Available |
| Missouri | Varies by Case | not to exceed seven years | Varies by Case | Not Available |
| Montana | up to $500 | up to 1 year | up to 1 year | Judge can order community service as a result. |
| Nebraska | 1250 | suspended 6 months | 1 year | Not Available |
| Nevada | 1000 | Less than a year | 60 days | Not Available |
| New Hampshire | $300-1000 | one year | never granted bail again | SL |
| New Jersey | up to $1000 | up to 6 months | up to 1 year | Not Available |
| New Mexico | 125 | 1 year | 3 years | Not Available |
| New York | Fines of up to $4000 | Jail time not to exceed one year | Varies by Case | Anger management classes |
| North Carolina | 0-$500 | 0-6 months | 0-30 days | Community service possible |
| North Dakota | $3000 -$25000 | 94 months | 3 years and 4 months | suspended license |
| Ohio | 500 flat rate | 6m-1y | 1 year | Not Available |
| Oklahoma | up to $500 | up to 1 year incarceration | Varies by Case | Not Available |
| Oregon | $300-500 | 6 months to 1 year | 1 year | Not Available |
| Pennsylvania | 500+ | 6m-1 yr | 2 yrs | Anger Mangement |
| Rhode Island | 500 | no bail your jail time for orginal offense will be tact on | up to five years on top of orginal offense | 500 hours of community service |
| South Carolina | Fine of not less than $500 nor more than $1,000 first offense Fine of not less than $1,000 nor more than $10,000 2nd offense | imprisonment for not more than 1 year 1st offense imprisonment for not more than 10 years 2nd offense | Varies by Case | Not Available |
| South Dakota | 750 | 10 days jail | 2 years | Not Available |
| Tennessee | $500 on top of other charges | 6 months to a year | 2 yrs | Not Available |
| Texas | $500.00-$1500.00 | up to 1 year in jail | Varies by Case | felonies |
| Utah | up to $750 | punishable by fines only | 1- 2 years | Not Available |
| Vermont | 500 | 90 days | 3 years | Not Available |
| Virginia | 1000 | 6 months | 1 year | 20 hours community service, resisting arrest |
| Washington | 500 | 30 days | 1 Year | Not Available |
| West Virginia | 100 | suspended sentence | 2 years | CS |
| Wisconsin | 0-$10,000 | 0-1 yr. | Varies by Case | Not Available |
| Wyoming | 250 max | no more then 6 months | Varies by Case | Not Available |