In Indiana, you can be charged for resisting arrest regardless of whether you are charged for the crime you were arrested for.
Read on to learn more about what counts as resisting arrest and the possible penalties you could face for it.
What counts as resisting arrest?
A charge for resisting arrest can be made if the person who was being arrested did any of the following acts:
- Fled from an officer after the officer identified themselves and ordered the person to stop
- Forcibly resisted or interfered with an officer while the officer was lawfully doing his or her duties
- Forcibly resisted or interfered with a civil or criminal process or court order
It’s usually best to comply with a police officer’s orders if you are being arrested. If you have concerns over the legitimacy or conduct of the arrest, addressing these concerns is safer with an attorney by your side.
Resisting arrest charges can range from a class A misdemeanor to a level two felony depending on the circumstances. A defendant may face the following penalties for resisting an arrest:
- Class A misdemeanor: up to 1 year of jailtime and a fine of up to $5,000
- Level 6 felony: 6 months to 2.5 years jailtime
- Level 5 felony: 1 – 6 years jailtime
- Level 4 felony: 2 – 12 years jailtime
- Level 3 felony: 3 – 16 years jailtime
- Level 2 felony: 10 – 30 years jailtime
A felony conviction can result in a fine up to $10,000.
You may have been victim to an invalid arrest if the officer subjected you to:
- Force that was not reasonable or necessary
- Unlawful search and seizure
- Wrongful arrest
If you believe you have been involved in a case of police misconduct or false arrest, contact an attorney to discuss your situation as soon as possible. A lawyer can help explain the civil rights and civil liberties that are in place to protect you.