If you’ve been charged with resisting law enforcement in Indiana, the situation can feel overwhelming. Questions may be racing through your mind: What does this charge really mean? How serious are the penalties? Is there any way to defend myself? While these are all valid concerns, it’s critical to take a deep breath and understand that you don’t have to navigate this legal maze alone. The Marc Lopez Law Firm is here to help you understand the charges and defend your rights.
What Does Resisting Law Enforcement Mean in Indiana?
Indiana law takes resisting law enforcement very seriously. The term doesn’t just cover physically fighting with police officers—it casts a much wider net. Under Indiana Code § 35-44.1-3-1, resisting law enforcement occurs when an individual knowingly or intentionally:
- Forcibly resists, obstructs, or interferes with a law enforcement officer (or someone assisting the officer) who is lawfully executing their duties. This could involve actions as minor as pulling your arm away during an arrest or twisting your body while being handcuffed.
- Flees from law enforcement after the officer has clearly identified themselves and ordered you to stop. This can include walking away, running away or even driving away.
- Interferes with a lawful court order or process being carried out by law enforcement.
- Crosses into restricted emergency areas, such as a scene secured with police barrier tape.
Even actions that might seem insignificant—like tensing up or mildly resisting during an arrest—can be enough for this charge. However, it’s worth noting that passive behaviors, like refusing to exit a vehicle without any other movement, typically do not qualify as “resisting law enforcement” under the statute.
Misdemeanor or Felony? The Difference Matters
The consequences you face largely depend on how the offense is classified: as a misdemeanor or as a felony. The classification hinges on the specific actions involved and any aggravating factors present.
Misdemeanor Resisting Law Enforcement
- Class A Misdemeanor: This applies to most cases of resisting law enforcement. Examples include pulling away during an arrest or ignoring an officer’s verbal command to stop running.
- Class B Misdemeanor: If you enter a restricted area during an emergency, such as a zone marked off by police, firefighters, or EMS, you could face this charge.
- Class C Misdemeanor: Interfering with a police investigation by getting too close to officers after being told to keep your distance—25 feet or less—can lead to this lesser charge.
Felony Resisting Law Enforcement
Sometimes, circumstances elevate the charge to a felony. These cases come with significantly steeper penalties and long-lasting consequences:
- Level 6 Felony: Resisting law enforcement while using a vehicle—such as leading police on a high-speed chase—qualifies as a Level 6 felony. This charge may also apply if the resistance involves a false report that results in bodily harm to another person.
- Level 5 Felony: If the act of resisting causes serious bodily injury to another individual or involves obstruction in sensitive cases like domestic violence or child abuse investigations, it could escalate to a Level 5 felony.
Potential Penalties
The penalties for resisting law enforcement vary based on the level of the offense. Here’s what you’re looking at:
Misdemeanor Penalties:
- Class A: Up to one year in jail and a fine of $5,000.
- Class B: Up to 180 days in jail and a $1,000 fine.
- Class C: A maximum of 60 days in jail and a $500 fine.
Felony Penalties:
- Level 6 Felony: Six months to 2.5 years in prison and a fine of up to $10,000.
- Level 5 Felony: One to six years in prison and a $10,000 fine.
- Level 3 Felony: Three to 16 years in prison and a $10,000 fine.
- Level 1 Felony: 20 to 40 years in prison and a $10,000 fine.
In addition to incarceration and fines, a conviction could cost you your driver’s license or affect your employment opportunities.
Defending Against Resisting Law Enforcement Charges
Being charged with resisting law enforcement doesn’t mean you’re out of options. Here are some potential defenses:
- Lack of Intent: If you didn’t realize the individual was a police officer or if your actions weren’t intentional, this could form the basis of your defense.
- Unlawful Arrest or Order: If the officer wasn’t acting lawfully, for example, by lacking probable cause, your resistance might be justified.
- Mistaken Identity: If you were wrongly identified as the person resisting law enforcement, this defense could be viable.
- False Allegations: In some cases, officers may exaggerate or misrepresent events. Strong legal representation can challenge their accounts.
- No Physical Force Used: Passive resistance, such as remaining seated in a car, may not meet the legal definition of resisting.
Why Choose the Marc Lopez Law Firm?
Facing a resisting law enforcement charge can feel like an uphill battle, but you don’t have to face it alone. The Marc Lopez Law Firm offers comprehensive support from a team of experienced defense attorneys. Here’s what sets us apart:
- Deep Knowledge of Indiana Law: Our team knows Indiana’s criminal code inside and out and uses this knowledge to build robust defenses.
- Aggressive Trial Advocacy: We’re not afraid to take cases to trial when needed. Our attorneys excel at presenting compelling arguments in court.
- Personalized Representation: Every case is unique. We craft defense strategies tailored to your specific circumstances.
- Empathy and Transparency: We understand how stressful criminal charges can be and ensure you’re informed every step of the way.
- Free Consultations: Not sure where to start? Give us a call. We’ll help you understand your options at no cost.
Make The Right Call
A resisting law enforcement charge is no small matter, but the right legal representation can make a significant difference. At the Marc Lopez Law Firm, we don’t just understand the law—we know how to use it to protect you. Call us today for a free consultation at 317-632-3642, and remember—always plead the Fifth!
