What is the punishment for resisting arrest?

If you are convicted of resisting arrest punishment will follow, but what that punishment will be depends on the circumstances of your case and the local laws that you violated. You can be charged with resisting arrest for any action which you attempt to evade or resist the efforts of a police officer to take you into custody or if you help someone else evade arrest.

In most states, non-violent resisting arrest is a misdemeanor. Penalties can include jail time, fines, and court ordered anger management classes.

Sometimes resisting arrest escalates into violence, such as when a weapon is involved or when the police officer is struck or otherwise assaulted while the person is resisting being taken into custody. If that occurs, then resisting arrest is likely to be charged as a felony. The severity of the felony will again depend on the particular severity of the crime and the nature of the events surrounding the arrest.

Felony resisting arrest is often punishable by at least one year in prison, however penalties do vary greatly by state. Below are examples that show the variety of penalties for resisting arrest across the country:

• In New Hampshire, if you are convicted of resisting arrest and you are arrested again in the future you will not be eligible for bail to be granted to you.
• In Montana, you can be fined up to $50,000 and sentenced to up to ten years in prison.
• In Kansas the average prison time is one year followed by nine months of probation.

Get Legal Help

Resisting arrest, like any criminal charge, should be taken seriously. Find a local criminal defense attorney who can help you prepare a defense to this charge as well as what ever else you were being arrested for. If you cannot afford to hire an attorney you will be given the opportunity to petition the court to appoint an attorney to your case.