Facing a charge of resisting arrest in Indiana can be intimidating, especially if you’re unfamiliar with how the law defines the offense and what consequences you might face. Whether you believe you were wrongly charged or the situation escalated unintentionally, it's important to understand your rights and legal options moving forward.
At JK Sanchez Law, we provide experienced legal defense for individuals accused of crimes across Indiana and Texas. Below, we break down what it means to be charged with resisting arrest in Indiana, the legal penalties involved, and what steps to take to protect yourself.
How Indiana Defines Resisting Arrest
In Indiana, resisting arrest is defined under Indiana Code § 35-44.1-3-1. The law outlines multiple ways an individual can be found guilty of this offense, including:
- Forcibly resisting law enforcement efforts to place you under arrest.
- Fleeing from a law enforcement officer after being told to stop.
- Interfering with a law enforcement officer's duty during an arrest.
The law does not require that the arrest itself be lawful. In other words, even if the arrest is later found to be unlawful, you can still be charged with resisting arrest if you used force or fled from the officer.
Common Examples of Resisting Arrest
Resisting arrest doesn’t always involve physical confrontation. Some common scenarios that may lead to this charge include:
- Pulling away or tensing up when an officer attempts to handcuff you.
- Running from a police officer during a traffic stop or street encounter.
- Verbally interfering with an officer arresting another person, in a way that escalates the situation.
These situations can escalate quickly, and what may seem like a minor disagreement can result in serious criminal charges.
Penalties for Resisting Arrest in Indiana
Penalties vary depending on the nature of the resistance and whether any injuries occurred. The charge may be classified as a misdemeanor or a felony:
Class A Misdemeanor
- Applies to most non-violent resistance cases.
- Punishable by up to one year in jail and fines up to $5,000.
Level 6 Felony
- Applies if the act involves using a vehicle to flee from law enforcement or results in bodily injury to the officer.
- Punishable by 6 months to 2.5 years in prison and fines up to $10,000.
Because these charges can escalate based on how the arrest played out, it is crucial to speak with an experienced defense attorney who can evaluate the specifics of your case.
Potential Defenses to Resisting Arrest
Being charged with resisting arrest does not mean you’re automatically guilty. There are legal defenses that may apply, depending on the facts of your case. Some potential defenses include:
- Lack of Intent: You did not knowingly resist or attempt to flee.
- Miscommunication: You didn’t understand the officer’s commands or didn’t realize you were being placed under arrest.
- Unlawful Force: The officer used excessive or unjustified force, and your actions were in self-defense.
Each case is different, which is why working with a skilled criminal defense attorney is so important. A thorough review of the arrest report, body cam footage, and witness testimony may uncover vital details that can support your defense.
How JK Sanchez Law Can Help
If you’re facing a resisting arrest charge in Indiana, don’t leave your future to chance. At JK Sanchez Law, we take the time to understand your side of the story and examine every angle of your case. Our legal team is committed to protecting your rights and building a strong defense aimed at reducing or dismissing the charges where possible.
We understand how frightening it can be to navigate the criminal justice system alone. That’s why we’re here—to provide experienced guidance, strategic representation, and peace of mind during every phase of your case.
Contact Us for Legal Defense You Can Count On
If you’ve been charged with resisting arrest in Indiana, time is critical. Don’t wait to get the legal help you need. Contact us today to schedule a confidential consultation. Let JK Sanchez Law fight for your rights and work toward the best possible outcome for your case.
