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Resisting Arrest

Resisting Arrest charges are often filed when someone intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her.  RCW 9A.76.040.   The prosecutor must prove, beyond a reasonable doubt, that a police officer had a lawful reason to arrest the person.  This means the officer must have either probable cause to arrest or there must be a valid arrest warrant.  Although the prosecutor must also prove the person acted with intent, they do not need to prove the suspect was actually successful in resisting arrest.  A mere attempt to resist arrest is enough.  Oftentimes, a Resisting Arrest charge is filed in conjunction with other crimes such as DUI, criminal trespassing, etc.  

Keep in mind that if a law enforcement officer approaches you and you are emotional, angry, or upset, your actions could be easily misinterpreted by a law enforcement officer – especially if that officer is trying to subdue you and put you under arrest.  Resisting Arrest is a simple misdemeanor carrying a maximum penalty of 90 days in jail and a $1,000 fine.  If charged with a crime, it is important to find the right attorney to zealously defend your case and protect your rights.  Ms. Odama has defended hundreds of Resisting Arrest charges and has the knowledge to effectuate a solid defense for your case.  

Call Ms. Odama today for a free consultation.  Rest assured that she will do everything she can to help you.


This web page is for informational purposes only. Visitors should not rely upon information on this web page as a substitute for personal legal advice. While we make every effort to provide accurate information, laws can change and inaccuracies happen despite our best efforts. Contact us If you have an individual legal problem so we can help you with your issue.