Handcuffs, a police car and a growing sense of confusion. Often, that is not how anyone expects their day to end. So, if you have been charged with resisting arrest, you are likely wondering what you did wrong.
Was it your words? Your actions? What specific behaviors constitute resisting arrest?
What does “resisting arrest” mean?
Resisting arrest is more than disagreeing with the officer or questioning the arrest. It means intentionally trying to prevent a law enforcement officer from making a lawful arrest, and it is against the law.
The key word here is “intentional.” A person must purposefully act in a way that stops or tries to stop the arrest. Accidental or involuntary actions do not count.
Resisting arrest in Tennessee carries significant penalties. The offense typically qualifies as a Class A misdemeanor, punishable by up to 11 months, 29 days in jail, fines up to $2,500, probation and a permanent criminal record. These penalties add to any charges that led to the initial arrest.
Examples of resisting arrest
People under arrest may show resistance in different ways:
- Pulling away from an officer.
- Running away after being told you are under arrest.
- Physically struggling with an officer.
- Refusing to put your hands behind your back.
- Giving a false name to avoid arrest.
It is important to remember that these actions must be intentional. Someone who flinches due to pain while being handcuffed might not be charged with resisting arrest.
Your rights during an arrest
You have rights when law enforcement arrests you, including:
- The right to remain silent: You do not have to answer questions.
- The right to an attorney: You can ask for a lawyer.
- The right to know why you are being arrested: Police must tell you the reason for your arrest.
If you believe your arrest involved a violation of your legal rights, meticulous documentation is crucial. This includes creating a detailed written record of the events surrounding the arrest and diligently collecting contact information from any individuals who witnessed the incident.
As soon as you can, speak with an attorney who can thoroughly examine the specifics of your case. They will provide guidance on the most appropriate legal strategy, comprehend the charges against you and advocate for your rights in court.