Is Resisting Arrest a Crime?
The crime of resisting arrest is defined by RCW 9A.76.050 and states that a person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her. This crime is a simple misdemeanor, meaning it carries a maximum penalty of 90 days in jail and a $1000 fine.
Common Situations That May Result in Resisting Arrest Charges
We often see resisting arrest charges when a person is being arrested for DUI. We are usually not our best selves when impaired and distressed about being placed under arrest, so we may try to struggle or otherwise prevent the officer from doing their job.
Another situation we commonly see this crime charged is during an arrest for Domestic Violence. Domestic violence is the only non-felony crime in Washington State that legally requires the police to take someone to jail. They must arrest someone to prevent the situation from escalating, even if you believe there was no violence or threats and that neither party should be arrested. When a person is under arrest and struggles or refuses to cooperate with an order given by the police, even if they believe they are innocent, they could be charged with resisting arrest in addition to a crime of domestic violence.
Regardless of the original crime, you could be charged with resisting arrest if you do anything to prevent an officer from arresting you.
What To Do If You Are Charged with Resisting Arrest
If you were charged with resisting arrest, it is not a hopeless situation. There are things you and your attorney can do to try to get through this situation as easily as possible, such as taking some classes or writing an apology letter to the officer to help mitigate the situation. If you have been charged with resisting arrest, give our office a call at (425) 224-7075. We will listen to you, answer your questions, ease your stress, and resolve your case.
Owner and principal attorney Lance Fryrear of The Law Offices of Lance Fryrear has defended the accused in Lynnwood and throughout Washington for the past 20 years. We will be sensitive and careful every step of the way, doing everything we can to help and support you.
Give us a call at (425) 224-7075 to learn more!