Resist The Urge To Resist Arrest

Resist The Urge To Resist Arrest

Some people resist arrest because they believe that they have been wrongly accused or that law enforcement are using excessive force. Others are understandably fearful of their charges and hope to avoid a criminal record. Regardless of the circumstances, resisting arrest is a crime in and of itself and can lead to additional charges on top of the charges you are being arrested for.

In Wisconsin, resisting arrest is a Class A misdemeanor punishable by up to 9 months in jail and/or up to $10,000 in fines. Repeat offenders could face up to two years in prison, and if the officer is hurt, it can be a felony. 

Resisting Vs. Obstructing An Officer

Resisting an Officer and Obstructing an Officer are both charged under Wisconsin Statutes Section 946.41. To be charged with either, the officer must be operating in an “official capacity” (performing law enforcement duties) and must be acting with “lawful authority” (in compliance with the law). Both are class A misdemeanors which carry a maximum penalty of 9 months in jail and/or a $10,000 fine.

Resisting an Officer charges may result if you oppose the arrest by force or threat of force. Some examples include:

-         Physically struggling with the police officer or trying to grab their weapon

-         Threatening to use a dangerous weapon against the police officer, regardless of whether or not you have a dangerous weapon

-         Hitting, kicking, biting, or otherwise attacking the police officer

Obstructing an Officer is less clear-cut. Obstruction charges may result if you attempt to prevent the officer from performing their lawful duties. Examples may include:

-         Refusing to cooperate with the police when they are trying to place you under arrest

-         Providing false information to an officer

-         Misleading law enforcement

All of these actions can result in additional charges being filed against you, as well as an increase in the severity of the charges you are already facing. It is not uncommon for resisting arrest charges to lead to increased bail amounts and longer jail sentences. 

If you are being arrested, it is important to remain calm and cooperative. Remember that anything you do or say can be used against you in court, and contact an experienced Wisconsin defense attorney as soon as possible.