Resisting Arrest in Indiana: Penalties, Defenses, and Legal Strategies

Being charged with resisting arrest in Indiana can carry serious legal consequences. Many people assume resisting arrest only applies to physically fighting with police, but Indiana law also covers situations like fleeing from officers or refusing to cooperate.

If you or a loved one is facing a resisting arrest charge, understanding the law, the potential penalties, and possible defenses can help you protect your rights. This guide will break down Indiana’s resisting arrest laws, what to do if you are charged, and how an experienced Indiana criminal defense attorney can help.

What is Resisting Arrest in Indiana?

Indiana Law on Resisting Arrest (IC 35-44.1-3-1)

Under Indiana Code 35-44.1-3-1, resisting arrest occurs when a person knowingly or intentionally:

✅ Forcibly resists, obstructs, or interferes with a law enforcement officer while they are performing their duties.
✅ Flees from a law enforcement officer after being ordered to stop.

📌 Key Takeaway: You can be charged with resisting arrest even if you don’t make physical contact with an officer—simply refusing to comply or running away can lead to charges.

Penalties for Resisting Arrest in Indiana

The severity of the charge depends on the circumstances. Here’s how Indiana classifies resisting arrest offenses:

🔹 Class A Misdemeanor (Basic Resisting Arrest)

✅ Penalties: Up to 1 year in jail and $5,000 in fines
✅ Example: Pulling away from an officer when they attempt to handcuff you.

🔹 Level 6 Felony (Injury to Another Person)

✅ Penalties: 6 months – 2.5 years in prison and up to $10,000 in fines
✅ Example: Running from the police and causing a pedestrian to get injured while fleeing.

🔹 Level 5 Felony (Injury to a Law Enforcement Officer or Using a Deadly Weapon)

✅ Penalties: 1–6 years in prison and up to $10,000 in fines
✅ Example: Shoving an officer to the ground or resisting arrest while armed with a knife or gun.

🚨 If you already have a criminal record, penalties may be even more severe.

Common Defenses to Resisting Arrest

If you’re facing resisting arrest charges, several defenses may apply to your case. Here are some of the most common:

🔹 Unlawful Arrest

If the arrest was illegal, you may have a valid defense. Police must have probable cause to make an arrest. If they arrested you without justification, the resisting charge may be challenged.

🛑 Example: If an officer wrongly accuses you of a crime and tries to detain you without cause, resisting that unlawful arrest may be legally justifiable.

🔹 Excessive Force by Police

You do not have the right to resist an arrest, but if officers use excessive force, your actions may be legally excusable. Courts recognize that a person has the right to defend themselves against unnecessary police brutality.

🛑 Example: If an officer starts beating you without reason, and you push them away to protect yourself, that may be a defense.

🔹 Lack of Intent

To be guilty of resisting arrest, you must have knowingly and intentionally resisted. If you were confused, panicked, or did not hear the officer’s command, this can be a defense.

🛑 Example: If you were startled and instinctively pulled away from an officer without meaning to resist, your attorney may argue that your actions were not intentional.

🔹 Mistaken Identity

If you were wrongly identified as the suspect, an attorney can argue that you were not the person the officer intended to arrest.

🛑 Example: If officers were pursuing someone else and tackled you by mistake, you may not be guilty of resisting arrest.

What to Do If You Are Accused of Resisting Arrest

If you are stopped or arrested, how you react can impact your case. Follow these steps to avoid making your situation worse:

✔️ Remain Calm – Do not argue, yell, or resist. Any physical movement could be misinterpreted.
✔️ Comply with Orders – Even if you believe the arrest is unfair, follow instructions and fight the charges later in court.
✔️ Do Not Run – Fleeing can turn a misdemeanor into a felony.
✔️ Ask for an Attorney – Invoke your right to remain silent and request legal counsel immediately.
✔️ Document the Incident – If possible, record the interaction or write down details as soon as you can.

How an Indiana Criminal Defense Attorney Can Help

Resisting arrest charges can be challenged in court, but you need a strong legal defense. An experienced Indiana criminal defense attorney can:

✅ Review the arrest circumstances to determine if your rights were violated.
✅ Challenge unlawful arrests or excessive force by law enforcement.
✅ Gather evidence, witness statements, and police reports to build your case.
✅ Negotiate with the prosecution to reduce or dismiss charges.
✅ Fight for your freedom in court.

📞 Charged with resisting arrest in Indiana? Call Vining Legal at (317) 759-3225 or schedule a consultation today to discuss your case.

Conclusion

Resisting arrest charges in Indiana can carry serious consequences, including jail time, fines, and a permanent criminal record. However, not every charge is valid, and there are legal defenses that may apply to your case.

💡 Key Takeaways:
✔️ Resisting arrest includes physical resistance, running from police, and refusing to comply.
✔️ Penalties range from a Class A misdemeanor to a Level 5 felony, depending on the circumstances.
✔️ Defenses include unlawful arrest, excessive force, lack of intent, and mistaken identity.
✔️ If arrested, remain calm, comply, and request a lawyer immediately.
✔️ An experienced criminal defense attorney can help fight the charges.

🚀 Need legal help? Call Vining Legal at (317) 759-3225 or schedule a consultation today.