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Is Resisting Arrest a Misdemeanor in Maryland and Washington D.C.?

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At Lotze Mosley, LLP, our criminal defense attorneys in Washington D.C. and Maryland know that resisting arrest is a misdemeanor in both locations.

However, it is a serious misdemeanor that can carry significant penalties.

If you have been charged with resisting arrest, there must be an initial charge that lawfully led to the arrest before this additional charge can be included in your case.

Here is what both Maryland and Washington D.C. residents need to know about resisting arrest charges.

Why Am I Being Charged with Resisting Arrest?

Resisting arrest typically involves complaints by law enforcement that an individual physically struggled – or resisted during the arrest process.

Whether it is refusing to be handcuffed, struggling with officers while being placed in a police vehicle, or resistance of any kind during the jailing process, the prosecutor must prove the facts and details of their case are true before any resisting arrest penalties can be enforced.

The prosecutor has the burden of proving the following is true:

  • There was reasonable ground to believe an individual had committed or was in the process of committing a crime, which led to his or her arrest.
  • A law enforcement agent attempted to arrest the individual.
  • The individual in question knew that the police officer was trying to arrest him or her.
  • The individual refused to submit or resisted arrest by force.

At Lotze Mosley, LLP, our criminal defense lawyers in Maryland and Washington D.C. know that just because you have been arrested and charged with a crime does not mean you are guilty.

We can help ensure your rights are protected throughout your criminal proceedings, so you can make informed decisions about the direction of your case.

What Type of Defense Can I Use for Allegations of Resisting Arrest?

Each defense strategy is unique to the individual who has been charged with a crime.

In the case of resisting arrest, defenses may include:

  • The police officer did not attempt to arrest the individual.
  • The individual did not know the person making the arrest was a police officer.
  • The individual did not commit a crime that warranted arrest.
  • The arresting officer used excessive and unreasonable force.
  • The individual did not use force to resist arrest.

Our skilled Maryland criminal defense lawyers will outline your complete case to customize the defense approach that is right for your needs.

Our Washington, D.C. criminal lawyers have helped people who were suspected or accused of committing:

What are the Penalties for Resisting Arrest in Washington D.C. and Maryland?

In Maryland, resisting arrest is a misdemeanor. If you are convicted of resisting arrest in Maryland, the penalties can include up to three years of imprisonment, fines up to $5,000, or both.

In Washington D.C., resisting arrest is a misdemeanor. If you are convicted of resisting arrest in Washington D.C. the penalties can include up to six months in jail, a $1,000 fine, or both.

Contact Our Criminal Defense Attorneys at Lotze Mosley Today for Help

If you have been arrested and charged with a crime that includes a resisting arrest charge, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling (202) 393-0535 today.

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