When police officers arrive at your doorstep, it is natural to feel anxious or defensive. What if their actions lead to a confrontation, and they accuse you of resisting arrest? Knowing your rights and the laws surrounding resisting arrest is vital.
Resisting arrest is a crime
While all citizens have legal rights, resisting arrest can slap you with additional charges and harsher penalties. In Tennessee, the law defines it as intentionally preventing or obstructing an officer’s attempt to make a lawful arrest. Examples include:
- Physically struggling against an officer
- Running away or attempting to flee the scene
- Threatening or using violence against an officer
- Refusing to put your hands behind your back when instructed
- Providing false information to avoid arrest
- Interfering with an officer’s attempt to arrest someone else
Resisting arrest in Tennessee can lead to a Class B misdemeanor charge, punishable by a maximum of six months in prison and fines of up to $500. If the resistance involves force, the charges can escalate to a Class A misdemeanor, carrying up to 11 months and 29 days in prison and up to $2,500 in fines.
What if you believe the officer used excessive force? Can you defend yourself? While Tennessee law allows for “reasonable resistance” against excessive force, it can be a dangerous line to walk. The justice system might misconstrue any resistance, potentially leading to more severe charges.
What to do when confronted by law enforcement
In a tense interaction with police, remember that you have the right to remain silent, to an attorney and to know the charges against you. Do not try to argue your case during an arrest. Staying calm and cooperative reduces the risk of additional charges.
Never hesitate to reach out for professional legal support. Putting your case in the hands of an experienced criminal defense attorney in Tennessee is often the most effective approach to defending yourself, your rights and your future.