Resisting arrest is one of the most warned-about behaviors for those facing arrest. This is because it can potentially lead to physical harm to the person being arrested (the arrestee), the police or anyone nearby. Additionally, it’s an offense that can result in additional charges.
So, what is to resist arrest in Maryland?
Refusing to submit to an arrest
Resisting arrest is an arrestee refusing to submit to an arrest. These include behaviors like arguing, not allowing the police to put handcuffs on, running, kicking an officer, providing false information, screaming, pushing an officer off or threatening an officer.
Resisting arrest can also be committed by someone other than the arrestee. For example, if someone prevents the police from handcuffing an arrestee.
What if an arrest is unfair?
If you believe an arrest an officer is trying to make is unfair, you can agree to it and exercise your right to remain silent. Politely let the officer know you don’t want to talk without a lawyer, but don’t interfere with the arrest.
What penalties can it attract?
Resisting arrest is a misdemeanor in Maryland. It can result in up to three years in prison and/or a fine not exceeding $5,000. If the police prove you knew or should have reasonably known they were law enforcement, the arrest they were making was lawful and your action was intentional, you may be convicted of resisting arrest.
What can you do?
There are defense options available if charged with resisting arrest. Examples of the defenses you can use include proving the arrest was unlawful or showing your actions were in self-defense against the officer using excessive force. If you have been charged with resisting arrest, getting more information about your options will be crucial.