If you are being placed under arrest and fail to comply with the police officer’s orders, you may be charged with resisting arrest. This is usually a misdemeanor, but it could be classified as a felony in some cases. To secure a felony conviction for resisting arrest, a prosecutor must be able to prove that all of the following elements existed:
  • The defendant either intentionally obstructed or resisted a police officer who was attempting to make an arrest.
  • The defendant acted in a violent manner toward law enforcement officers or demonstrated threatening behavior that indicated an intent to act violently. An example of acting violently includes pushing or striking an officer. A threat to strike an officer with an object would also be enough to satisfy this requirement.
  • The law enforcement officer was carrying out his or her duties in a lawful manner. This means the officer followed all rules of proper protocol during a traffic stop or when investigating a crime.
If a judge or jury agrees that all of the above factors were present, you may be convicted of a felony offense. The potential penalties include up to three years of incarceration and fines up to $5,000. This would be in addition to any other charges you may be facing leading to the arrest in question. To learn more about your legal options when dealing with this or any other criminal charges in Maryland, work with an experienced La Plata criminal defense lawyer at Mudd, Mudd & Fitzgerald, P.A.