Resisting Arrest

Resisting ArrestDefense of Excessive Force

Resisting an arrest is a misdemeanor. It is also a misdemeanor to interfere with an officer while he is engaged in official duties. Resisting arrest typically comes in the form of an arrestee physically struggling with an officer as he tries to place on handcuffs, or when the arrestee struggles as he is being placed in a patrol car or jail cell.

Interfering with the duties of an officer typically occurs when a person attempts to physically restrain an officer to prevent the arrest of another, or when a person is verbally abusive or taunting an officer as he is engaged in his duties.

Defense to resisting arrest

A common defense to resisting arrest is that the officer acted with excessive force. While an arrestee is expected to comply with an officer’s reasonable actions to affect an arrest, the arrestee is allowed to defend himself from unreasonable, excessive force used by the officer.

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