We all hate the idea of getting into trouble with the police. Whether you are in the right or in the wrong, when the police in McAlester, Oklahoma try to arrest you and you resist, you may get yourself into further trouble.
In addition to any underlying charge against you, you may end up facing a charge of resisting arrest in Oklahoma.
What You Need To Know About Resisting Arrest in Oklahoma
Oklahoma law defines resisting arrest as the knowing resistance, by either force or violence, the action of any executive (law enforcement) officer in the performance of his or her duty. (Okla. Stat. tit. 21 § 268) It is a misdemeanor in Oklahoma.
The statute requires several things for a conviction. The resistance must be by force or violence. While the terms “force” and “violence” are open to some interpretation, it is clear that words alone, even loud and angry words, are not enough.
It also requires that the resistance be intentional. If you do not know that the person trying to arrest you is a law enforcement officer, then the element of knowledge is not met. This might happen if the officer is out of uniform and has not identified himself or herself as an officer.
Resisting arrest in Oklahoma is somewhat like the broader crime of obstructing an officer. It is a specific form of obstruction.
Resisting arrest includes harming or attempting to harm an officer during an arrest. It can also include struggling as an officer attempts to handcuff you or apply other restraints.
Resisting arrest in Oklahoma is chargeable as a misdemeanor. If convicted, you could spend up to a year in jail and possibly be fined.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know has been accused of resisting arrest in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.