Jefferson County Missouri Resisting Arrest Lawyer

Resisting or Interfering with Arrest

Resisting or interfering with an arrest is a very serious offense in Missouri. Part of the reason for this is that the state has a great interest in enforcing the laws. In addition, the state has a strong interest in protecting law enforcement officers.

A person commits the offense of resisting or interfering with arrest, if they know or reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, and prevents the officer from doing so by: (1) Resisting the arrest by using or threatening the use of violence or physical force or by fleeing from the officer; or (2) Interfering with the arrest of another person by using or threatening the use of violence, physical force or physical interference. Acts that constitute resisting include:

• Pulling away from the officer
• Refusing to put hands behind the head or the back
• Fleeing from the officer

The resisting arrest statute is vaguely worded so that the charge can include just about any act that is done with the intention to resist an officer’s attempt to make an arrest. In addition, you have no right to resist an unlawful arrest. You must cooperate with an officer making an unlawful arrest the same as you would with an officer making a lawful arrest.

The offense of resisting or interfering with an arrest is a class E felony for an arrest for a:

• Felony
• Warrant issued for failure to appear on a felony case; or
• Warrant issued for a probation violation on a felony case.

A conviction for resisting arrest can have negative effects on your entire life, including applications for employment, housing, loans, and for college admission. In addition, a conviction will also likely result in a notation in your criminal history that you are known to resist arrest which will cause law enforcement to treat you more cautiously should you have contact with them in the future.

Resisting arrest is a class A misdemeanor which carries a maximum punishment of one year in the county jail and/or a fine of $2000. However, if the resistance is by fleeing from the officer and creates a substantial risk of serious physical injury or death to any person, it is a class E felony which carries up to four years in the Department of Correction and/or a fine of up to $10,000. Resisting arrest is also a class E felony if the arrest being made is for a felony, a warrant issued for failure to appear on a felony case, or a warrant issued for a probation violation on a felony case.