Getting arrested unexpectantly can be a frightening experience, especially if it happens in public. Sometimes, people getting arrested refuse to comply with the arresting officers, which can make the arrest process much more difficult. Are you an Oklahoma resident? Have you ever wondered about the penalties you could be given for resisting arrest in our state? No need to worry because our knowledgeable law firm has all the answers you’ll need! Continue reading this blog to learn more about this offense, or reach out to an OKC Criminal Defense Lawyer today for individualized legal counseling.
HOW IS RESISTING ARREST DEFINED IN OKLAHOMA LAW?
Oklahoma courts define resisting arrest as when someone knowingly uses force or violence to prevent a police officer from performing their official duties. For a situation to be considered resisting arrest, the following elements must be present:
- The arrestee knew that they were refusing to comply through their actions.
- The arrestee used force or violence against the police officer.
- The arrestee actively tried to prevent the police officer from arresting them.
- The person attempting to arrest them was in fact a police officer or other law enforcement official.
- The police officer was performing their official work duties by arresting them.
IS RESISTING ARREST ILLEGAL IN OKLAHOMA CITY?
Yes, resisting arrest is considered a misdemeanor under Oklahoma law. If a police officer has a warrant for your arrest, you have no choice but to comply with the law enforcement official, or else you’ll risk further penalties. There are some circumstances in which an officer won’t need a warrant to arrest you. The most common examples include:
- You committed a misdemeanor in the presence of a police officer.
- A police officer has probable cause to believe you were driving under the influence of drugs or alcohol.
- A police officer is acting in response to a violation of a protective order.
- A police officer has probable cause to believe you committed domestic violence within the past four hours.
It’s best to comply with the police and call a lawyer as soon as you are able to. An experienced attorney may be able to reduce or dismiss your charges.
WHAT PENALTIES CAN I FACE?
You could be given up to a year of jail time and up to $500 in fines. You might also be facing penalties for the offense you were originally arrested for.
If you’ve recently been charged with resisting arrest in Oklahoma City, you deserve a dedicated and effective criminal defense lawyer on your side. Thankfully, our highly experienced legal team is here to fight for you! Contact Jones Law Firm today for an initial consultation.