After the holiday season, there are many things we are trying to resist in the New Year, like confectioneries, milkshakes, and pizza pies. But when it comes to being arrested, resisting is not something that will help you reach your goals, no matter what they may be. If you are ever confronted by the police, whether in a routine traffic stop, street stop, or home visit, it is critical to your future and your freedoms to cooperate with the authorities to the fullest extent. Failing to cooperate with the instructions or requests of law enforcement can subject you to charges of resisting arrest. There are hefty penalties for such charges upon a guilty conviction, including fines and possible jail time.
Continue reading to learn what they are, plus what you need to do right away if you were just released on bond for a resisting arrest charge in Indiana.
What is Resisting an Arrest?
You are guilty of resisting an arrest by law enforcement officials when you knowingly or intentionally use force to resist an arrest or interfere with a police officer while they are legally performing their official duties. A person can be charged with resisting an arrest if they behave this way toward a person who is assisting a police officer too.
Other forms of resisting arrest include:
By force, resisting or interfering with official court services or authorized criminal processes. An example of this would be resisting a search warrant being executed by police or disrupting someone being served with legal documents.
Running away from law enforcement after a police officer identifies themselves and orders the person to stop for questioning. Cops can legally identify themselves to citizens audibly, visibly, or by turning on their emergency lights and sirens.
Resisting Arrest Laws in Indiana
The laws surrounding the act of resisting law enforcement is found in Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1. Upon a guilty verdict, defendants may face several types of court-ordered penalties, including fines, community service, classroom education, rehabilitation, probation, ankle monitoring, and jail time.
The crime of resisting arrest is charged differently depending on the details and circumstances of the incident. Charges range anywhere between a Class A Misdemeanor to a Level 2 Felony.
Class A Misdemeanor:
Fines up to $5,000
Jail up to 1 Year
Level 2 Felony:
Fines up to $10,000
Jail up to 30 Years (Advisory Sentence of 17.5 Years)
Related Crimes One Might Be Charged With:
▶ Disarming a Law Enforcement Officer
▶ Refusal to Aid an Officer
▶ Escaping Law Enforcement
Because legalese is very complicated to comprehend, it is important to consult with a licensed criminal defense lawyer in Indianapolis to ensure you are fully educated on whatever charges you are facing in Indiana currently.
Are you looking for qualified criminal defense that can reduce or dismiss your resisting arrest charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.
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