A resisting arrest charge can be a serious legal battle to be up against. Resisting arrest often will be added on to other charges that could rob you of your freedom. Whether this happened during a traffic stop or the cops showed up at your house, it’s a serious offense to face. Here we will discuss what constitutes as resisting arrest as well as what could happen with your charges.
What is Resisting Arrest?
Resisting arrest occurs when a person actively prevents or obstructs a law enforcement officer from carrying out a lawful arrest. In Oklahoma, this can include physical resistance, such as pulling away, pushing an officer, or running from the scene. It can also involve non-physical actions, such as refusing to comply with commands, providing false information, or attempting to prevent another person’s arrest. Even minor actions, like tensing up when being handcuffed, can lead to a resisting arrest charge.
Potential Consequences of a Resisting Arrest Conviction
A conviction for resisting arrest in Oklahoma can carry severe penalties. Under 21 O.S. § 268, resisting an officer can be charged as a misdemeanor, punishable by up to one year in jail and a fine of up to $500. If violence or injury to an officer is involved, the charge could escalate to a felony, leading to harsher penalties, including prison time and steeper fines. A resisting arrest conviction may also result in a criminal record, which can impact employment opportunities, housing applications, and even professional licenses. Additionally, if the alleged resistance involved physical force, prosecutors may add assault and battery on a police officer charges, increasing the risk of jail time.
Common Defenses Against a Resisting Arrest Charge
Fighting a resisting arrest charge requires a strong legal strategy. Some of the most effective defenses include:
- Unlawful Arrest – If the arrest itself was unlawful, you have the right to resist within reasonable limits. Officers must have probable cause to make an arrest. If they lacked legal justification, the charge may not hold up in court.
- Self-Defense Against Excessive Force – Police officers must use reasonable force when making an arrest. If an officer used excessive or unnecessary force, you may have been defending yourself rather than resisting.
- Misinterpretation of Actions – Sometimes, law enforcement officers misinterpret a suspect’s actions. If you were simply trying to ask a question, adjust your handcuffs, or involuntarily moved due to pain or fear, your attorney can argue that you were not intentionally resisting.
- Lack of Evidence – The prosecution must prove beyond a reasonable doubt that you intentionally resisted arrest. If there is no clear video footage, body cam evidence, or reliable witness testimony, the case against you may be weak.
- Medical Condition or Impairment – If a medical condition, injury, or disability prevented you from complying with an officer’s commands, your attorney can argue that you were not resisting but rather unable to comply.
Get Legal Help for Your Case
A resisting arrest charge in Oklahoma City can be serious, but it is not impossible to fight. The right defense strategy can make a significant difference in the outcome of your case. If you are facing charges, contact an experienced criminal defense attorney as soon as possible. A skilled lawyer can review the facts, gather evidence, and build a strong defense to protect your rights.
Our team at OKC Attorneys can help you through your legal troubles. For a free consultation, call us at 405-367-8710, or reach out to us on our Ask A Lawyer page now.
