Being charged with a DUI or resisting law enforcement is a frightening and stressful experience. The effects of criminal charges can be far-reaching and are sometimes called collateral consequences. An experienced Indiana criminal lawyer can help you navigate the situation, minimize the damage, and avoid hazardous missteps along the way.
Understanding the Basics: Resisting Law Enforcement as a Misdemeanor
The State of Indiana defines resisting law enforcement as occurring when a person knowingly or intentionally:
- forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer’s duties;
- forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or
- flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer’s siren or emergency lights, identified himself or herself and ordered the person to stop.
In other words, it counts as resisting law enforcement if you use any kind of physical force to resist, obstruct, or interfere with a person who’s officially performing duties related to law enforcement. This charge starts as a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine.
Resisting law enforcement could be something as simple as pulling your arm away from an officer. It might mean making physical contact with police or ignoring an order to stop. When a car enters the picture, however, the charges can become a lot more serious.
The Escalation from a Misdemeanor to a Felony
When a vehicle is involved in resisting law enforcement, a Class A misdemeanor is statutorily elevated to a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Imagine the scenario: You’re driving along, and suddenly a police vehicle with flashing lights is in your rearview mirror. In a moment of inexplicable panic, you speed up rather than pull over. That’s enough to get you charged with resisting law enforcement with a vehicle. The charge is considerably more serious because of the potential risks associated with automobiles.
Higher Level Felonies: When Injury Becomes a Factor
If a person is using a vehicle to resist law enforcement, and while they’re doing so they operate the vehicle in a manner that causes serious bodily injury to another person, that can be charged as a Level 5 felony. Under Indiana law, serious bodily injury means bodily injury that creates a substantial risk of death or that causes:
- serious permanent disfigurement;
- unconsciousness;
- extreme pain;
- permanent or protracted loss or impairment of the function of a bodily member or organ; or
- loss of a fetus.
The offense can also be charged as a Level 5 felony if the person has a prior unrelated conviction for resisting law enforcement with a vehicle. A Level 5 felony carries a maximum penalty of six years in prison and a $10,000 fine.
If a person resisting law enforcement with a vehicle operates in a manner that causes death or catastrophic injury, that can become a Level 3 felony. Under Indiana law, catastrophic injury means bodily injury so severe that a person’s ability to live independently is significantly impaired for a period of at least one year. The term includes an injury causing blindness, deafness, paralysis, or an intellectual disability. A Level 3 felony carries a maximum penalty of 16 years in prison and a $10,000 fine.
Make the Right Call
When it comes to resisting law enforcement, it doesn’t take much for things to get very serious. You owe it to yourself to speak to an experienced Indiana criminal lawyer today, and the Marc Lopez Law Firm is here to help. Give us a call at 317-632-3642 and remember—always plead the 5th!
