Resisting arrest is a criminal offense in Utah that occurs when an individual intentionally prevents or interferes with a law enforcement officer’s lawful attempt to arrest or detain them. This offense can involve physical actions, such as using force, or non-physical actions, like refusing to follow lawful commands. Under Utah law, resisting arrest is treated as a serious offense that can lead to significant legal consequences.
Salt Lake City Lawyer for Resisting Arrest
You can be charged with resisting arrest in a variety of situations, such as refusing to comply with an officer’s commands or pushing an officer away from you during an arrest.
Susanne Gustin, Attorney at Law, is a skilled defense attorney with decades of experience defending clients against serious criminal charges. If you are facing evading arrest charges, contact Susanne Gustin at 801-243-2814 for knowledgeable legal support. Susanne Gustin serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Resisting Arrest in Utah
- What is Resisting Arrest?
- Penalties for Resisting Arrest
- Defenses Against Resisting Arrest
- Additional Resources
What is Resisting Arrest in Utah?
Resisting arrest is governed by Utah Code § 76-8-305, which outlines the circumstances under which an individual can be charged. The statute applies when an individual knowingly resists or interferes with an officer performing their lawful duties, such as attempting to make an arrest or detention. Utah Code § 76-8-305 states as follows:
An actor commits interference with a peace officer if the actor:
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knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of the actor or another individual; and
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interferes with the arrest or detention by:
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use of force or a weapon;
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refusing to perform an act required by lawful order:
- necessary to effect the arrest or detention; and
- made by a peace officer involved in the arrest or detention; or
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refusing to refrain from performing an act that would impede the arrest or detention.
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Common scenarios that can lead to a resisting arrest charge include:
- Physical Resistance: Pulling away, struggling, or using force to prevent officers from handcuffing or detaining you.
- Refusing Commands: Ignoring an officer’s lawful commands, such as refusing to place your hands behind your back.
- Interfering with Another’s Arrest: Attempting to prevent officers from arresting someone else by stepping in or obstructing their actions.
- Obstructing with Force: Pushing, striking, or otherwise physically resisting an officer attempting to make an arrest.
Penalties for Resisting Arrest in Utah
The penalties for resisting arrest depend on the circumstances and severity of the offense:
Class B Misdemeanor:
This is the standard charge for resisting arrest without aggravating circumstances.
- Up to 6 months in jail and
- Fines up to $1,000.
Class A Misdemeanor:
This applies if the resistance involves substantial interference or creates a significant risk of harm.
- Up to 1 year in jail and
- Fines up to $2,500.
Third-Degree Felony:
This applies if the resistance includes the use of a weapon or results in serious injury to the officer or others.
- Up to 5 years in prison and
- Fines up to $5,000.
Additional Consequences
A conviction for resisting arrest can lead to other consequences beyond criminal penalties:
- Permanent Criminal Record: A resisting arrest conviction can impact future employment, housing, and other opportunities.
- Increased Charges: Resisting arrest is often charged alongside other offenses, such as assault or disorderly conduct, which can increase penalties.
- Fines and Restitution: The court may require restitution for any damage or harm caused during the incident.
Defenses Against Resisting Arrest Charges
Several defenses can be used to contest resisting arrest charges in Utah:
- Unlawful Arrest: If the arrest was unlawful or the officer acted outside their legal authority, resisting may be justified. For example, if the officer lacked probable cause, this could be a valid defense.
- Self-Defense: An individual may argue they used reasonable force to protect themselves from excessive or unlawful force by the officer.
- Lack of Intent: The defendant may claim they did not knowingly resist or interfere, such as in cases of misunderstanding or confusion.
- Mistaken Identity: The individual may argue they were not the person resisting or that the officer pursued the wrong person.
- Fear or Panic: If the individual acted out of fear for their safety or confusion, this may mitigate the charges.
Recording Law Enforcement
Under Utah Code § 76-8-305, recording an officer in public while they perform their duties does not constitute resisting arrest. Individuals have the legal right to film or photograph law enforcement, as long as it does not interfere with their official actions.
Additional Resources
- Utah Code §76-8-305: This statute defines resisting arrest in Utah as an individual knowingly attempts to avoid apprehension, detention, or questioning by a peace officer who is performing their lawful duties.
- Evading Arrest in Utah: Evading arrest can involve actions like running on foot or fleeing in a vehicle. If you are facing evading arrest charges, contact Susanne Gustin at 801-243-2814 for knowledgeable legal support.
Hire a Lawyer for Resisting Arrest in Salt Lake County, Utah
Resisting arrest charges are serious and can lead to lasting consequences. If you are facing such charges, it’s essential to seek legal representation from an experienced criminal defense attorney.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against criminal charges, including resisting arrest. She provides personalized and strategic legal support to help you achieve the best possible outcome.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
