What Will Get Me Charges for Resisting Arrest in Oklahoma?

Resisting arrest is a serious offense that can compound the legal troubles of an individual already facing charges. However, understanding what actions constitute resisting arrest can help individuals avoid these additional charges. This article outlines behaviors that can lead to these charges and the potential consequences in Oklahoma.

Definition of Resisting Arrest

In Oklahoma, resisting arrest involves either intentionally preventing or attempting to prevent a law enforcement officer from making an arrest. Additionally, the individual must be aware that the person attempting the arrest is a law enforcement officer.

Actions That Constitute Resisting Arrest

There are a few different types of resistance:

Physical Resistance
Physical resistance is the most common form of resisting arrest and is done through actions such as:

• Struggling or fighting with the officer.
• Using force to push, shove, or hit the officer.
• Attempting to run away or escape custody.

Passive Resistance
Passive resistance involves non-violent actions that still impede the arrest process, including:

• Refusing to move or cooperate when directed by the officer.
• Going limp or dead weight, which makes it difficult for the officer to move or transport the individual.
• Blocking or barricading oneself in a location to prevent arrest.

Verbal Resistance
While less common, verbal actions can also result in resisting arrest charges. This includes:

• Threatening the officer.
• Using intimidating or obstructive language that hinders the arrest process.
• Encouraging others to intervene or obstruct the officer.

If one of these criteria are met, then your actions can count as resisting arrest, which is considered a misdemeanor in Oklahoma. Some of the potential consequences include jail time, fines, and a permanent criminal record.

Legal Defenses

You have several defense options against these charges, such as:

• Lack of Intent: Arguing that the individual did not intentionally resist the officer.
• Self-Defense: Demonstrating that the resistance was in self-defense against excessive force used by the officer.
• Mistaken Identity: Proving that the individual was not aware that the person attempting the arrest was a law enforcement officer.

You should consult with an attorney throughout the process, because they can look at your case and craft your best defenses.

Tulsa Criminal Lawyers

Understanding what actions constitute resisting arrest as well as the potential consequences can help individuals avoid these charges. It is important to comply with law enforcement officers during an arrest to prevent further legal complications. If you need help, contact the Tulsa criminal lawyers at Kania Law Office by calling us at (918)–743-2233 or online.