Resisting Arrest: The Law, Sanctions and Defences (An In-Depth Guide)

Resisting arrest is defined as any action taken by an individual which makes it more difficult for the police to carry out their duties. This could include physically struggling or trying to run away. It could also involve verbally abusing the police officers or refusing to comply with their requests. In order to be convicted of resisting arrest, the prosecution must prove that you were aware that the police were trying to arrest you and that you took some form of action which made it more difficult for them to do so.

There are a number of reasons why someone might choose to resist arrest. It could be that they feel they have been wrongfully accused and are innocent. It could also be that they believe the police are acting unlawfully or excessively. 

Whatever the reason, resisting arrest can lead to serious legal penalties. In this blog post, we will take a closer look at what constitutes resisting arrest, the possible sanctions you may face if convicted, and some defences you may be able to put forward in court.

What is Resisting Arrest?

Resisting arrest is defined as any action taken by an individual which makes it more difficult for the police to carry out their duties. This could include physically struggling or trying to run away. It could also involve verbally abusing the police officers or refusing to comply with their requests. In order to be convicted of resisting arrest, the prosecution must prove that you were aware that the police were trying to arrest you and that you took some form of action which made it more difficult for them to do so.

Resisting Arrest By Violent or Physical Actions

If you use physical force or violence against a police officer in order to resist arrest, you will be guilty of a criminal offence. This could include hitting, kicking or biting the officer. 

You may also be charged if you try to run away or pull away from the officer while they are trying to handcuff you. The penalties for this type of offence can be quite severe and can include a prison sentence.

If the amount of force used was considered to be excessive, you may also be charged with assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). 

These are more serious offences which can result in a longer prison sentence. If a weapon is used during the course of resisting arrest, this will be treated even more seriously and you may be charged with a serious offence such as wounding or causing grievous bodily harm with intent.

In some cases, it may also be possible for the police to charge you with attempted murder if they feel that your actions were particularly violent and were done with the intention of killing the officer. This is a very serious offence which can carry a life sentence.

Resisting Arrest by Non-Physical Acts

It is also an offence to resist arrest without using physical force. This could include verbally abusing the police officers or refusing to comply with their requests. 

If you do anything which makes it more difficult for the police to carry out their duties, you may be guilty of this offence. The maximum penalty for this type of offence is a fine of up to $5000.

In some cases, you may also be charged with obstruction if you try to block the police from carrying out their duties. This could include standing in front of a door to prevent the police from entering a room or trying to stop the police from arresting someone else. The maximum penalty for obstruction is a fine of $1000.

What The Prosecution Needs to Proof in Resisting Arrest Charges

In order for you to be convicted of resisting arrest, the prosecution must prove that you were aware that the police were trying to arrest you and that you took some form of action which made it more difficult for them to do so. They will also need to prove that your actions were not reasonable in the circumstances. If the prosecution is unable to prove these elements, then you will not be guilty of the offence.

It is important to note that simply being present at the scene of an arrest does not mean that you are automatically guilty of this offence. The prosecution must still prove that you were aware of what was happening and that you took some form of action which made it more difficult for the police to carry out their duties.

Elements of the Crime of Resisting Arrest

There are three main elements to the crime of resisting arrest:

• That you knew or should have known that the police were trying to arrest you;
• That you took some form of action which made it more difficult for the police to carry out their duties; and
• That your actions were not justified.

That you knew or should have known that the police were trying to arrest you:

The first element requires the police to have been trying to lawfully arrest you. This means that they must have had a valid reason for arresting you in the first place. If they did not have a valid reason, then any resistance on your part would not be considered a criminal offence. For example, if the police were trying to arrest you for a crime which you did not commit, or if they were using excessive force, then you would not be guilty of resisting arrest.

That you took some form of action which made it more difficult for the police to carry out their duties:

The second element requires you to have taken some form of action which made it more difficult for the police to carry out their duties. This could include physically struggling or trying to run away. It could also involve verbally abusing the police officers or refusing to comply with their requests. The key thing here is that your actions must have made it more difficult for the police to do their job, not just that they made it more difficult for you to be arrested. For example, if you simply asked the police why they were arresting you and then cooperated when they explained the reasons, this would not be considered resistance.

That your actions were not justified

The third element requires that your actions were not justified. This means that you cannot use force to resist arrest if the police are using excessive force themselves. You also cannot resist arrest if you reasonably believe that you are about to be unlawfully arrested. If your actions were justified, then you will not be guilty of this offence.

Sanctions for Resisting Arrest

If you are convicted of resisting arrest, the possible sanctions you may face depend on the severity of your actions and whether or not any violence was involved.

For example, if you simply verbally abused the police officers but did not physically struggle or try to run away, the court may decide to give you a slap on the wrist in the form of a fine or a community order. However, if you physically struggled with the police or tried to run away, the court is more likely to give you a custodial sentence. The length of this sentence will depend on the severity of your actions and whether or not any violence was involved.

If you are convicted of resisting arrest, the possible sanctions you may face include:

• A fine;
• A community service order;
• A suspended sentence;
• An immediate custodial sentence.

The decision as to which sanction to impose will be up to the judge and will depend on the circumstances of your case.  For example, if you have no previous convictions and you simply verbally abused the police officers without physically struggling or trying to run away, a fine may be imposed. However, if you have a previous history of violence and you physically struggled with the police officers, an immediate custodial sentence is more likely.

If you are convicted of resisting arrest, the possible sanctions you may face also include:

• A criminal record;
• An order for costs;
• An order for compensation.

A criminal record can have a number of consequences for your future. For example, it can make it difficult to find employment or travel to certain countries. An order for costs means that you may be ordered to pay the legal costs incurred by the police or the Crown Prosecution Service. An order for compensation means that you may be ordered to pay compensation to any victim of your actions.

Punishment for Misdemeanour Resisting Arrest

In most states, the crime of misdemeanour resisting arrest is punishable by a fine and/or up to one year in jail. The specific penalties will vary depending on the state in which you are arrested. Some states also have enhanced penalties for resisting arrest if the person who is being arrested is also charged with another crime. For example, if you are being arrested for DUI and you resist arrest, you may be subject to enhanced penalties.

In some cases, a person may be charged with both felony and misdemeanour resisting arrest. This can happen if the person resists arrest and causes injury to the arresting officer or damage to property. If convicted of both charges, the person would face separate punishments for each charge.

Punishment for Felony Resisting Arrest

The crime of felony resisting arrest is punishable by a fine and/or up to three years in prison. Some states also have enhanced penalties for felony resisting arrest if the person who is being arrested is also charged with another crime. For example, if you are being arrested for a violent crime and you resist arrest, you may be subject to enhanced penalties.

If you are convicted of both felony and misdemeanor resisting arrest, you would face separate punishments for each charge. In some cases, the judge may order that the two sentences be served consecutively (one after the other), rather than concurrently (at the same time).

Defences to Resisting Arrest Charges

If you have been charged with resisting arrest, there are a number of possible defences which may be available to you. These defences include:

• Lack of Knowledge
• Self Defence
• Unlawful arrest
• That you did not resist arrest;
• Your actions were justified.

Lack of Knowledge

One defence to a charge of resisting arrest is that you were not aware that the person trying to detain you was a police officer. In order for this defence to be successful, it must be shown that there were no circumstances which should have made you aware that the person was a police officer.

For example, if the police officer was in plain clothes and did not identify themselves as a police officer, it may be possible to argue that you were not aware that they were attempting to arrest you and therefore you did not resist them.

If the police officers were in uniform and identified themselves as such, then it is unlikely that this defence will be successful.

You Acted in Self Defence

One potential defence to a charge of resisting arrest is that you were acting in self-defence. This defence can be raised where the police officers used excessive force against you and you resisted arrest to protect yourself.

In order for this defence to be successful, you must show that:

• The police officers were using excessive force against you; and
• That your resistance was reasonably necessary in order to protect yourself from that excessive force.

If it can be shown that the police officers were not using excessive force, or that your resistance was not reasonably necessary, then this defence will not be available to you.

Unlawful Arrest

Another potential defence is that the arresting officer(s) were acting unlawfully in arresting you and therefore you had the right to resist the arrest. In order for this defence to be successful, it must be shown that:

• The arresting officer(s) did not have a warrant for your arrest; and/or
• The arresting officer(s) were not authorised by law to make the arrest; and/or
• The arresting officer(s) were using excessive force in trying to effect the arrest.

If it can be shown that the police officers were acting lawfully in Arresting you, then this defence will not be available.

Your Actions Were Justified

Another potential defence is that your actions, although technically constituting resistance, were justified in the circumstances. This may be the case where you were resisting arrest in order to protect yourself or another person from harm.

In order for this defence to be successful, it must be shown that:

• The police officers were using excessive force; and
• That your resistance was reasonably necessary in order to protect yourself or another person from that excessive force.

If it can be shown that the police officers were not using excessive force, or that your resistance was not reasonably necessary, then this defence will not be available to you. 

You Did Not Resist Arrest

One final potential defence is that you did not actually resist arrest. This may be the case where the police officers have misconstrued your actions as resistance when in fact you were compliant with their requests.

In order for this defence to be successful, it must be shown that your actions did not amount to resistance. This will generally be a matter of factual dispute between you and the police officers involved.

If the court finds that you did resist arrest, then this defence will not be available to you.

Conclusion

In conclusion, it is important to remember that resisting arrest is a serious offence. The law, sanctions and defences can vary from state to state, so it is always best to seek legal advice if you find yourself in this situation. 

If you are convicted of resisting arrest, you may face a prison sentence, a fine or both. However, there are some defences available which may result in a more lenient outcome. Thank you for reading.