Resisting Arrest Lawyer in St. Louis

Resisting Arrest Laws in Missouri

Missouri citizens can be charged with resisting arrest or interfering with an arrest if they know (or should reasonably know) an officer is attempting to make an arrest or detain a vehicle and act purposefully to prevent that from occurring. Someone who resists an arrest must have fled or used or threatened to use physical force or violence.

An officer will assume that you’re fleeing a vehicle stop if you don’t halt the car when requested to do so via police lights or sirens. But what exactly does “physical force” mean?

The relevant statute defines physical force as using your body in any way to prevent an arrest from taking place, whether yours or someone else’s. Even if you only stand in a doorway to keep officers from entering, you can be charged with resisting arrest.

Resisting arrest can happen during traffic stops, detainments, or arrests, regardless of whether there’s a warrant. They can occur for any type of infraction.

In Missouri, resisting arrest or interfering with an arrest is a Class A misdemeanor, just like hindering a prosecution. However, it can escalate to a Class E felony under some circumstances, including the following:

• The arrest is for a felony offense
• The person fleeing causes significant risk to others
• The arrest is based on a warrant for probation violation or failure to appear on a felony case

Convictions for a Class A misdemeanor can result in a maximum of one year in jail and up to $2,000 in fines. Class E felonies, meanwhile, can carry a maximum jail sentence of four years and up to $10,000 in fines.

Steps to Take After Resisting Arrest Charges in St. Louis

If you’ve been charged with resisting arrest, it’s important to remain calm and compliant. Avoid putting up any further resistance to ensure that the charges don’t escalate. It’s also vital to prevent verbal or physical confrontations of any kind.

While the arrest is taking place, make a note of the officer’s behavior and whether there are any witnesses present. As soon as possible, ask to speak with a St. Louis resisting arrest attorney to get the guidance you need before the situation progresses.

As you go through the legal process, keep your rights in the forefront of your mind. You have a right to be informed of your charges, and you must be given a Miranda Warning. You’re also entitled to due process, including a timely arraignment. Under Missouri law, you can make two phone calls after an arrest. Use one to contact Combs Waterkotte.

Do not speak with law enforcement before consulting a qualified lawyer. Once you have legal representation, allow your attorney to communicate on your behalf. After consulting a qualified lawyer, don’t speak with law enforcement — instead, let your representative do the talking. Our team can guide you through the rest of the process.

Defenses for Resisting Arrest Charges in St. Louis, MO

When you hire an attorney, they’ll investigate the circumstances leading to the arrest to understand what the most appropriate criminal defense strategies might be. The following are some of the tactics your lawyer might employ:

Self-Defense

It may be possible to claim that the arresting officer acted with excessive force, prompting you to defend yourself. This option requires demonstrating that the force the officer used was more than necessary and that your response was proportionate.

Failure to Identify as Law Enforcement

If it wasn’t clear that the person making the traffic stop or arrest was a law enforcement officer, you can use that fact in your defense. All police officers must identify themselves as such when making an arrest. If they don’t, suspects can’t reasonably know that they’re resisting arrest.

Actions Outside Scope of Authority

An officer acting outside of their authority can also be a valid defense for resisting arrest. If the arrest was unlawful or the officer had no right to engage in the behavior you’re accused of resisting, it can weaken the prosecution’s case against you.