“Resisting arrest” is a fairly open-ended charge that can result in serious penalties, including jail or prison sentences and fines. Even if the original case is dismissed, Missouri criminal law allows prosecutors to pursue charges if the defendant interfered with a law enforcement officer in the course of an arrest. Below is an overview of these charges and how you might defend yourself.

What Is Resisting Arrest in Missouri?

In Missouri, anyone who uses violence or the threat of violence to stop an officer attempting to detain a suspect can be charged with resisting arrest. This applies to the suspects themselves, as well as anyone else who attempts to interfere. Suspects can also be charged with resisting for attempting to flee, even if they don’t physically resist.

Missouri criminal law specifies that defendants must knowingly interfere with an arrest or reasonably should have known that the officer was making a lawful arrest. If you don’t reasonably know that an arrest is ongoing or that a law enforcement officer is involved, you may be able to avoid prosecution or win at trial.

What Are the Penalties for Resisting Arrest in Missouri?

Under Missouri criminal law, resisting arrest is a class E felony if the individual was being arrested for felony charges. This also applies if the arrest was for failing to appear or violating probation in a felony case. 

If convicted, defendants may be sentenced to up to four years in prison and a fine of up to $10,000. In all other cases, resisting arrest is considered a class A misdemeanor, punishable by up to 12 months in jail and a maximum fine of $2,000.

What Are Some Defenses Against Resisting Arrest Charges?

In Missouri, you may be charged with resisting arrest even if the officer was acting unlawfully. Your attorney may claim that your behavior didn’t rise to the level of resistance or obstruction. They might also argue that the officer acted aggressively, forcing you to defend yourself. Because these cases can be complex, it’s important to consult an attorney before making any statements to the police or negotiating with prosecutors.

If you or a loved one has been charged with resisting arrest anywhere in the Columbia area, the Law Office of Mike Hamilton will provide legal advice you can trust. Their principal attorney has over 30 years’ experience in criminal law and has achieved positive results in even the most difficult situations. Visit their website for more on their criminal law services or call (573) 825-5698 to schedule a consultation.

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