Resisting Arrest

Protecting Your Rights Against Resisting Arrest Charges

Being accused of resisting arrest can complicate an already difficult situation. In Pennsylvania, prosecutors often add this charge when they believe a person interfered with or opposed a police officer during an arrest. Unfortunately, resisting arrest charges are sometimes based on misunderstandings, fear, or overreactions during a stressful situation.

At Sheridan Lawyers, we defend clients facing resisting arrest charges in Chester County, Delaware County, and Montgomery County. We work to challenge the evidence, protect your rights, and reduce the impact of these allegations on your future.

What Is Resisting Arrest?

Under 18 Pa.C.S. § 5104, a person may be charged with resisting arrest if they:

• Intentionally prevent a police officer from making a lawful arrest, or

• Create a substantial risk of bodily injury to the officer, or

• Require substantial force to be used by the officer to complete the arrest.

These charges are often filed alongside other offenses, such as disorderly conduct, DUI, drug charges, or assault.

Penalties for Resisting Arrest

Resisting arrest is a misdemeanor of the second degree, punishable by:

• Up to 2 years in jail

• Fines of up to $5,000

• A permanent criminal record

These charges can also negatively affect:

• Future employment and background checks

• Immigration status for non-citizens

• Probation or parole status

How Sheridan Lawyers Defends Resisting Arrest Charges

We investigate the facts and build a defense tailored to your case. Common defense strategies include:

• Challenging whether the arrest was lawful (if the arrest itself was unlawful, the charge may not stand)

• Demonstrating that you did not use force or resistance, but simply failed to understand instructions

• Showing that any actions were reflexive, defensive, or due to confusion, not intentional

• Examining the use of force by law enforcement, including whether excessive force escalated the situation

Why You Need Legal Help Immediately

Resisting arrest is often one of several charges filed after an arrest, and prosecutors may use it to pressure you into a plea. Having an attorney early can make a significant difference in how your case is handled.