What is the Punishment for Resisting Arrest in Indiana?

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.

Resisting Arrest Attorneys Indianapolis IN 317-636-7514
Resisting Arrest Attorneys Indianapolis IN 317-636-7514

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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What You Need to Know About Resisting Arrest

The United States of America is one of the greatest countries on Earth because of the civil liberties and rights bestowed upon us as citizens. These protections are what separates our nation from so many others. A current hot topic regarding such protections involves discussions on police misconduct and false arrests. As citizens, we are protected against injustices like these, but that does not mean they never occur. On the other hand, even if police may be wrong in an arrest, a person should never, under any circumstances, resist.

Continue reading to learn the importance of complying with law enforcement no matter what, and who to call if you have been charged with resisting arrest in Indiana.

Resisting Arrest Lawyer 317-636-7514
Resisting Arrest Lawyer 317-636-7514

The Risk You Take On

If you counterattack arrest by law enforcement, not only will you face the original charges they are arresting you for, you will also be charged with a second crime of resisting arrest. This reason alone is enough to warn you about the risk of resisting an arrest by a police officer. If you are ever in a situation where a policeman wants to arrest you, you must let it happen and comply peacefully; otherwise, it will come back to hurt you and your case in the end, which can lead to higher fines, longer jail time, and harsher penalties.

Indiana Laws for Resisting Arrest

Indiana Code 35-44.1-3-1 defines “resisting arrest” as, “(…) when a person knowingly and intentionally: Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties; Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.” The state allows police officers to identify themselves either visibly or audibly, which also includes their police lights and sirens.

Possible Penalties

If charged with resisting arrest, convictions can range from Class A misdemeanors to a Level 2 felonies, depending on enhancements, priors, and other factors of the specific details of the crime. Furthermore, those charged face fines up to $5,000 and up to 30 years in prison; a Class A Misdemeanor is up to 1 year in jail, while a Level 2 Felony is 10 to 30 years.

Facing Charges for Resisting Arrest?

When it comes to addressing police misconduct, abuse, or false arrests, it is best done after the arrest and release from jail have taken place. Your first step to refuting or fighting a false arrest is to hire a seasoned Indiana criminal defense lawyer who can aggressively investigate your case and build a strong defense against your charges.

Indiana Criminal Defense You Can Trust

Indianapolis Criminal Defense 317-636-7514
Indianapolis Criminal Defense 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.