MISDEMEANOR RESISTING ARREST
Many people think of resisting arrest as a suspect breaking away and running from the police. While that is true, there are many scenarios in which a person can be charged with a misdemeanor resisting arrest in Missouri. For instance, you can be charged with resisting arrest by interfering with an arrest or by threatening to use violence with intent to stop an arrest.
RESISTING ARREST STATUTE
Resisting or interfering with arrest
- A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:
(1) Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or
(2) Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.
- This section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation.
- A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person.
- It is no defense to a prosecution pursuant to subsection 1 of this section that the law enforcement officer was acting unlawfully in making the arrest. However, nothing in this section shall be construed to bar civil suits for unlawful arrest.
- Resisting or interfering with an arrest, detention or stop in violation of subdivision (1) or (2) of subsection 1 of this section is a Class A misdemeanor.
PENALTY OF CONVICTION
Resisting arrest is a Class A misdemeanor (see felony resisting arrest). It carries a penalty of up to 1 year in jail and fines up to $2,500, along with any subsequent court costs or fees.