Let’s talk about a crime that gets filed all the time—one that’s easy for the State to charge, tough to fight in court, and carries long-term consequences that most people don’t even think about.
We’re talking about resisting law enforcement, sometimes called resisting arrest. These charges often show up alongside others like battery, disorderly conduct, or public intoxication. But make no mistake—resisting stands on its own, and it’s one of the most misunderstood criminal offenses in Indiana.
The Basics: What Is Resisting Law Enforcement?
Under Indiana law, resisting law enforcement is a crime with multiple faces. It doesn’t just mean punching a cop. In fact, it doesn’t even require a punch.
The law actually breaks resisting down into three separate categories:
1. Forcibly Resisting, Obstructing, or Interfering with an Officer
This is the classic scenario—an officer is trying to cuff you or put you in the squad car, and you’re flailing, twisting, or trying to get away. That kind of behavior is enough to meet the threshold of “forcibly resisting.”
This starts as a Class A misdemeanor, but if the officer claims injury—even something as minor —you’re suddenly looking at a Level 6 felony.
2. Forcibly Interfering with the Service of Legal Process
Not as common, but still on the books. If you obstruct an officer trying to serve a subpoena, a warrant, or other court documents, that’s resisting, too. Again, it starts as a misdemeanor but can escalate if anyone gets hurt.
3. Fleeing After Being Ordered to Stop
This is where things really ramp up. If you run from a police officer—after they’ve made it clear by voice or visible cues that they’re law enforcement—that’s resisting. If you’re on foot, it’s a Class A misdemeanor. If you’re in a car, that’s an automatic Level 6 felony. And if someone gets injured during the chase, expect the charges to keep climbing.
What Counts as “Forcibly”?
This is the question that trips up a lot of people—and where many feel they’re being overcharged.
Let’s be clear: You don’t have to throw a punch to be charged with forcibly resisting law enforcement. That’s not the standard.
Courts have said that even a modest amount of force—just enough to hinder or slow down the officer—is enough. We’re talking about things like:
- Jerking your arms while being handcuffed
- Twisting your body to avoid being put into a squad car
- Trying to stand back as an officer is assisting you to sit down
- Brushing or pushing against the officer in a physical way
What doesn’t count? Simply asking questions. Saying, “Why am I being arrested?” or “I didn’t do anything wrong” is not resisting.
But once you start adding physical movement—especially if it causes the officer to exert more force to control you—that’s where prosecutors start to see “forcible” resistance.
Let’s Talk About “Non-Compliance”
It’s worth repeating: Non-compliance is not the same as resisting.
- If you sit down and refuse to stand up, that’s non-compliant—but it might not be resisting.
- If you say “No, I’m not under arrest,” but don’t do anything physical, that might frustrate the officer—but it’s not resisting under Indiana law.
Still, that doesn’t mean the encounter won’t escalate. Officers may use force to gain compliance, and any injury—real or claimed—can make your situation a lot worse. So while passive resistance might not be a crime on its own, it can easily lead to trouble.
Know Who You’re Dealing With
Here’s an angle a lot of people don’t think about: You have to know that the person giving you orders is a police officer.
This comes up in bar cases all the time. You’re at a club, getting loud, and someone grabs you by the arm. You shove them off. Turns out that person is an off-duty officer working security—but they never said they were law enforcement.
If they didn’t identify themselves, and you had no way of knowing they were a cop, that might not be resisting. That’s a real legal defense—but you’ll probably still get arrested in the moment and have to prove it in court.
Probable Cause and Fleeing
In fleeing cases, probable cause matters. An officer must have a valid legal reason to stop you. If they don’t, and you keep walking or driving away, that may not be resisting.
But again—don’t expect that argument to win the day during the encounter. As the saying goes: You might beat the charge, but you won’t beat the ride.
That’s where a strong legal defense comes into play. We fight these cases every day, and if the officer didn’t have cause to stop you, we’ll work like hell to get the charge tossed.
Why Judges and Prosecutors Take This Personally
This charge carries more baggage than you might think. Prosecutors and judges tend to view resisting law enforcement as a sign of disrespect. In their eyes, it’s not just a legal issue—it’s a moral one.
They see resisting as a refusal to comply with law and order. They assume you’re a “problem person.” Whether that’s fair or not doesn’t matter. What matters is how they treat you in court.
If you’re convicted—even of a misdemeanor—this charge will follow you. Every time a police officer runs your name, they’ll see “resisting law enforcement” in your criminal history, and that’s going to color their interaction with you.
It becomes a self-fulfilling prophecy: Officers expect you to be difficult because of your past, and then they treat you like a threat. The cycle continues.
What’s at Stake?
Let’s talk penalties. Resisting law enforcement can come with some serious consequences.
- Class A Misdemeanor:
- Up to 1 year in jail
- Up to $5,000 fine
- Level 6 Felony:
- Up to 2.5 years in prison
- Up to $10,000 fine
- Level 5 Felony or Higher:
- If someone is seriously injured, or if there’s a dangerous vehicle chase, charges can escalate quickly.
And let’s not forget: Convictions mean a permanent criminal record. That can affect your job, your housing, your gun rights—everything.
What Can a Lawyer Do?
Resisting law enforcement is often a judgment call by the officer. That means there’s room to argue.
A good criminal defense attorney will:
- Examine whether the officer identified themselves
- Challenge whether you knew they were law enforcement
- Investigate whether the officer was acting within the scope of their legal duties
- Evaluate whether your actions really count as “forcible”
- Question whether the officer had probable cause to stop you in the first place
- Work to negotiate a dismissal or reduced charge
In some cases, we can get the charge dropped entirely. In others, we negotiate terms that avoid a criminal conviction. Every case is different, but the earlier you get legal help, the better your chances.
Final Thoughts: Don’t Go It Alone
Resisting law enforcement might sound minor, especially if no one got hurt. But it’s a serious charge with serious consequences. Once it’s on your record, it sticks—and it paints a picture that’s hard to erase.
If you’ve been charged with resisting law enforcement—or if you’re facing any criminal charge—call the Marc Lopez Law Firm. We’re passionate about defending people and pushing back when the State overreaches.
Call us at 317-632-3642, and remember—always Plead the Fifth!