Resisting arrest is a charge that can significantly complicate any legal situation.

In Minnesota, as in many other states, this charge may come as a result of an encounter with law enforcement, including physical resistance, fleeing, or even verbally refusing to comply with an officer’s instructions.

Resisting Arrest Attorneys in Apple Valley

No matter the offense, Apple Valley administration of justice defense lawyer James Blumberg can help you fight the charges. James is a former prosecutor who has worked on both sides of the law in these cases. He understands what it takes to get a favorable outcome, whether that is having the charges reduced or dropped.

Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law handles cases throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.

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What Constitutes Resisting Arrest?

Resisting arrest occurs when an individual actively opposes or interferes with a law enforcement officer’s attempt to lawfully detain or arrest them. Physical resistance is the most common form of resisting arrest and involves physically struggling against an officer’s efforts to detain or handcuff an individual. Actions such as pushing, pulling away, or any form of physical altercation can be classified under this charge.

Attempting to escape the scene after an officer has indicated that they are placing you under arrest also constitutes resisting arrest. This includes running away or driving off, which can elevate the charge to a more serious offense. This would be referred to as escaping an arrest

Even non-violent actions, such as refusing to provide identification, not following an officer’s commands, or sitting down and refusing to move, can lead to a resisting arrest charge.

Legal Consequences of Resisting Arrest

In Minnesota, resisting arrest is typically charged as a misdemeanor or gross misdemeanor, depending on the severity of the resistance and whether it resulted in injury to the officer or others. However, it can escalate to a felony if the resistance involves significant physical altercations or if it leads to serious injury.

Penalties for Resisting Arrest in Minnesota can be classified as:

  1. Misdemeanor: If you resist arrest without causing any significant harm or obstruction, the offense is generally classified as a misdemeanor.
    1. Penalty: Up to 90 days in jail and/or a fine of up to $1,000.
  2. Gross Misdemeanor: If the act of resistance involves physical obstruction, threats, or attempts to hinder an officer in the performance of their duties, it may be classified as a gross misdemeanor.
    1. Penalty: Up to 1 year in jail and/or a fine of up to $3,000.
  3. Felony: If the resistance or obstruction causes substantial bodily harm to the officer or if it is considered egregious, it can be charged as a felony.
    1. Penalty: Up to 5 years in prison and/or a fine of up to $10,000.

Defending Against Resisting Arrest Charges

Common defenses against resisting arrest include the following:

  1. The arrest was unlawful – This means the officer lacked the legal authority to make the arrest.
  2. Self-defense –  If the officer used excessive or unreasonable force during the arrest, the  defendant’s actions may be justified to protect themselves.
  3. Lack of knowledge – In some rare cases it may be argued that the defendant did not know he or she was being placed under legal arrest. This can happen if law enforcement does not identify themselves appropriately.

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Additional Resources

  1. What are Crimes Against the Administration of Justice? – When a person is alleged to have interfered with the way law enforcement officers do their job or the way the court system works, he or she could face criminal charges.
  2. Minnesota Department of Public Safety – The Minnesota Department of Public Safety can provide insights into how escaping arrest is handled from the perspective of law enforcement.

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Hire a Resisting Arrest Attorney in Apple Valley, Minnesota

Resisting arrest charges are serious and can dramatically increase the legal challenges you face. It is also one of the most common charges against clients unfavored by the legal system.

If you or someone you know is facing a resisting arrest charge, do not hesitate to seek professional legal assistance. The sooner you act, the better your chances of securing a favorable result.

Facing criminal charges can be stressful, but you can rely on Apple Valley criminal defense lawyer James Blumberg to help you understand the charges you face and assist you in building a strong defense against them. Having a dedicated attorney with experience on both sides of the criminal justice system can be beneficial to your case. Call James Blumberg Law at (952) 431-7758 to schedule a free initial consultation to discuss your charges.

We also accept clients in Carver County, Dodge County, Olmsted County, Rice County, Scott County, Sibley County, and Steele County.

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