PC §401 - RESISTING ARREST W/O FORCE
CLASS B MISDEMEANOR
(a) Definition
Resisting arrest without force is the act of intentionally obstructing, evading, or eluding a lawful arrest or detention by a peace officer or other authorized individual without the use of physical force, through actions such as fleeing or refusing to comply with lawful commands.
(b) Elements of the Offense
The following elements must be met to constitute resisting arrest without force:
A lawful arrest or detention was being attempted by a peace officer or other authorized individual.
The defendant intentionally obstructed, evaded, or eluded the arrest or detention.
The obstruction, evasion, or elusion was accomplished or intended to be accomplished without the use of physical force.
Types of Resistance Without Force
(a) Resisting arrest without force may include, but is not limited to, the following:
Fleeing from a peace officer during an attempted arrest or detention.
Ignoring or refusing to comply with lawful commands or orders given by a peace officer during an attempted arrest or detention.
Hiding or attempting to conceal oneself in order to evade arrest or detention.
(c) Defenses
(a) It shall be a defense to a charge of resisting arrest without force if the defendant can prove that the arrest or detention was not lawful.
(b) Lack of intent to obstruct, evade, or elude the arrest or detention, or absence of knowledge that the person attempting the arrest was a peace officer or authorized individual, may also serve as defenses if proven by the defendant.
(e) Aggravating Factors
Aggravating factors such as prior convictions for similar offenses or resisting arrest with force may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
80 SECONDS OF JAIL TIME.
BOND SET
$8,000.00
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