Have you been charged with resisting arrest? Speak with the Maryland criminal defense attorney Randolph Rice today for immediate legal help.
Maryland Resisting Arrest Laws
Maryland Criminal Law Code Annotated §9-408 (as of 2014) § 9-408. Resisting or interfering with arrest
(a) “Police officer” defined – In this section, “police officer” means an individual who is authorized to make an arrest under Title 2 of the Criminal Procedure Article.
(b) Prohibited – A person may not intentionally:
(1) resist a lawful arrest; or (2) interfere with an individual who the person has reason to know is a police officer who is making or attempting to make a lawful arrest or detention of another person.
(c) Penalty – A person who violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
(d) Unit of prosecution – The unit of prosecution for a violation of this section is based on the arrest or detention regardless of the number of police officers involved in the arrest or detention.
Is Resisting Arrest a Felony or Misdemeanor in Maryland?
Resisting an arrest is classified as a misdemeanor in Maryland.
Penalties for Resisting Arrest in Maryland
The maximum penalty for resisting arrest in Maryland is 3 years in jail and/or a $5,000.00 fine.
What are Defenses to Resisting Arrest in Maryland?
Possible defenses for resisting arrest are:
- That the police officer did not attempt to arrest the individual;
- The person being arrested did not know the person arresting him was a police officer;
- The person did not commit a crime that would justify an arrest;
- The person did not use force to resist arrest.
What Are the Elements of Resisting Arrest in Maryland?
For a person to be found guilty of resisting arrest, the state must prove:
- that a law enforcement officer attempted to arrest the defendant,
- that the defendant knew that a law enforcement officer was attempting to arrest him,
- that the officer had reasonable grounds to believe that the defendant was committing or had committed a crime, and
- that the defendant refused to submit to the arrest and resisted the arrest by force.
If the state cannot prove all four elements, then a person would not be found guilty of resisting arrest. To read more about resisting arrest in Maryland, check out these Maryland cases:
What are some circumstances in which a person can be charged with resisting arrest in Maryland?
A: Resisting arrest typically charged when an arrestee physically struggled with an officer as he tries to place handcuffs on that individual, or when the arrestee struggles as he is being placed in a police car or jail cell. A common defense to resisting arrest is that the officer acted with excessive force. While an arrestee is expected to comply with an officer’s reasonable actions to affect an arrest, the arrestee is allowed to defend himself from unreasonable, excessive force used by the officer.
Why Choose the Law Offices of G. Randolph Rice, Jr., LLC for your Criminal Defense?
Resisting Arrest cases can be complicated and difficult to defend, that’s why it is so important to hire a lawyer that has experience defending resisting arrest charges.
Resisting Arrest charges are strongly pursued by law enforcement and the state’s attorney for the jurisdiction in which the crime allegedly occurred.
If you have been charged or arrested for Resisting Arrest in Maryland, you need an experience, skilled, trusted, and knowledgeable Resisting Arrest criminal defense attorney. Without the assistance and help, you have little chance of winning your case, if it goes to trial.
At the Law Offices of G. Randolph Rice, Jr., LLC, we will conduct a thorough investigation into the details and specifics of the Resisting Arrest charges. We will formulate the most appropriate argument for your Resisting Arrest defense. Often, the law enforcement agencies or State’s Attorney’s office for the county you are charged in will overlook an aspect of the case, if this happen, we will find other witnesses or evidence to present to the Court or state’s attorney’s office to support your side of the Resisting Arrest case. We will work with you and fight for your rights and freedoms. Don’t Go to Court Alone.
A criminal conviction can affect the rest of your life. You could spend years in jail, pay fines, Court costs and regret not having a professional attorney advising you on the best decisions in your criminal case. Call Attorney Randolph Rice at (410) 694-7291 to schedule a FREE criminal defense consultation. We have years of experience and we can put that knowledge to work in your criminal case.
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