Pennsylvania Resisting Arrest Laws

Often times, the incident giving rise to a resisting arrest charge may have began as a routine traffic stop or some other type of common interaction with law enforcement. You may have had a bench warrant for your arrest but not been aware of it. Perhaps you forgot to pay a traffic ticket or some other minor infraction.

Once the cop sees that you have an outstanding bench warrant, they may arrest you. The circumstances could cause you to be non-compliant or confrontational. When facing a resisting arrest charge, it is a good idea to consult with our criminal defense attorneys.

§ 5104. Resisting Arrest Or Other Law Enforcement

A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.

Charges Associated With Resisting Arrest

Resisting arrest is usually not the sole charge you are charged with in Pennsylvania. In order to resist arrest you have generally would be arrested for something else as well. Resisting arrest is usually a secondary or ancillary charge. Common primary charges are:

  • Drug charges
  • Assault
  • Theft and/or Robbery
  • Juvenile crimes
  • Crimes on college campuses

The Commonwealth of Pennsylvania considers resisting arrest a misdemeanor. If you use physical force, or assault, to resist arrest than the legal consequences may be more severe in Pennsylvania.

Criminal Attorney Serving Lancaster, Lebanon & Reading

If you have been charged with resisting arrest in Berks County, Lancaster County or Lebanon, Pennsylvania areas please call our team of criminal defense attorneys at (610) 685-8000 or contact us online. We offer free consults and have offices in Reading & Lebanon, PA.