What Counts as Resisting Arrest?

Even if you disagree with how or the reasons why a law enforcement officer is placing you under arrest, it is in your best interest not to interfere with the process. Otherwise, you may later on be accused of resisting arrest, which may be considered a criminal offense in and of itself. That said, please follow along to find out the actions that may get you accused of resisting arrest and how one of the proficient Montgomery County criminal defense lawyers at Fendley and Birch can help fight off these charges.

What actions count as resisting arrest in Tennessee?

Generally speaking, any questionable behavior or actions that obstruct a law enforcement officer from taking you into custody may be deemed as resisting arrest. More specifically, though, the state of Tennessee recognizes the following as resisting arrest:

• You use force against an officer to prevent or attempt to prevent your arrest:
  • You physically struggle against an officer.
  • You insistently push an officer away from you.
  • You refuse to put your hands behind your back.
• You use or threaten to use violence against an officer attempting to arrest you.
• You give an officer false information about your identity or otherwise to evade an arrest.
• You intentionally run away or flee from an officer who you know is attempting to arrest you.
• You may continue to operate a motor vehicle after an officer signals you to come to a complete stop.

How might I be punished for resisting arrest in Tennessee?

Depending on the exact actions you took to resist arrest, based on any of the aforementioned ways, you may be charged with varying offenses and subsequently face differing penalties. For a simple resisting of arrest, such as refusing to put your hands behind your back, you may face a Class B misdemeanor. This may be associated with a prison sentence of up to six months and a fine of up to $500. On the other hand, say you imposed a threat of violence at the time of your stop. Well then, you may get a Class A misdemeanor. This has a prison sentence of up to 11 months and 29 days, along with a fine of up to $2,500.

In a worst-case scenario, though, this may be upgraded to a felony offense based on extenuating circumstances. That is, if you possessed, threatened, and/or used a deadly weapon against an officer. Or, if you fled an officer while recklessly operating a motor vehicle and irresponsibly put innocent bystanders at risk of injury or death. If you are charged with a Class E felony, you may have a prison sentence of anywhere between one to six years and a potential fine of up to $3,000.

If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with one of the talented Montgomery County criminal defense lawyers. Our team at Fendley and Birch wishes to aid you during this difficult point in time.