Defending a Missouri Resisting Arrest Charge

Defending a Missouri Resisting Arrest Charge

Under Missouri law, an individual commits the crime of resisting arrest or interfering with arrest if he or she, knowing that a police officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, prevents the officer from making the arrest, stop, or detention by (1) resisting the arrest, stop, or detention by using or threatening the use of physical force or by fleeing from the officer; or (2) interfering with the arrest, stop or detention of another person by using or threatening the use of physical force or physical interference.

Missouri law makes it possible to be charged with resisting arrest even if you do not physically touch an officer. For instance, if you are in your vehicle and attempting to elude a police officer after the officer attempts to stop you, you may be charged with resisting arrest. Missouri law presumes that an individual is fleeing a vehicle stop if he or she continues to operate the automobile after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal from the police officer to stop the vehicle.

In Missouri, resisting or interfering with arrest can either be classified as a felony or misdemeanor criminal charge. Resisting or interfering with a felony arrest is deemed to be a felony resisting arrest charge. On the other hand, resisting or interfering with a misdemeanor arrest is deemed to be a misdemeanor resisting arrest charge. The Missouri statute also makes resisting an arrest by fleeing in such a manner that the person fleeing creates a substantial risk or serious injury or death to any person a felony charge.

If you or a loved one has been charged with resisting arrest, it is critical that you obtain a knowledgeable and skilled lawyer who can fight this very serious charge. Prosecutors do not treat individuals who have been charged with resisting arrest lightly. It is important to counter the prosecution’s case with an aggressive St. Louis resisting arrest defense lawyer. Contact the criminal defense attorneys of Henderson & Waterkotte, P.C. to mount a vigorous defense for you.