handcuffs - Resisting Arrest Maryland Laws and Penalties

A resisting arrest charge can severely impact your life. A resisting arrest penalty could include a fine, jail time, or even both.

If you’ve been charged for resisting arrest in Maryland, you should understand the law and hire a knowledgeable attorney to assist with your case. Contact the Law Offices of G. Randolph Rice, Jr., LLC, at (410) 694-7291 for immediate legal assistance.

[uxi_video type=’youtube’ ratio=’16by9′ size=’500′ center=’true’ id=’Et0hA2qIkMI’]

Resisting Arrest Maryland Lawyer

This crime is described as physically struggling against a lawful arrest or interfering with the lawful arrest of someone else. The struggle can occur when a police officer approaches you to bring you into custody, or if you resist being put into a vehicle or cell.

A lawful arrest without a warrant is when a police officer witnesses a misdemeanor or felony being committed, or the police have probable cause to believe a misdemeanor or felony is being committed. A warrant from a judge can also order an arrest.

It is unlawful for police officers to arrest the following:

  • Ambassadors, diplomatic agents, friendly foreign sovereigns and their attendants
  • Members of organized militia, unless military authority granted
  • Senators and Representatives during session, traveling to or from sessions and speaking at their houses (unless treason, felony or breach of peace occurs)

Resisting Arrest Felony or Misdemeanor?

There are three classifications when it comes to breaking the law. Infractions are the mildest; these are usually small acts like traffic violations and typically solved by giving out a ticket. Misdemeanors are next and can involve jail time, while felonies are the most serious offenses.

Resisting arrest in Maryland is classified as a misdemeanor.

Resisting Arrest Maryland Consequences

  • Prison for less than 3 years
  • Fine of less than $5,000
  • Combination of the two

A resisting arrest misdemeanor will only be charged based on the arrest, regardless of how many police officers were present.


If a police officer uses excessive, unreasonable force, a person is able to defend themselves and not face a resisting arrest Maryland punishment.

Resisting arrest without violence is key in these cases.

Hire Legal Representation

For resisting arrest, Maryland Courts and State’s Attorneys consider it a serious misdemeanor. A criminal defense lawyer can help defend your case, negotiate your sentence or even repeal the case if the situation warrants. Legal representation can be the difference between jail time or a simple fine.

Contact us today at (410) 694-7291 or email the office if you’ve been charged with resisting arrest and want to learn more about your options.