How much jail time can you get for resisting arrest? 46 Answers as of June 03, 2011

How much jail time can you get for resisting arrest?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If it is charged as a Class A misdemeanor in Missouri, you face up to one year in jail.
Answer Applies to: Missouri
Replied: 6/3/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Resisting arrest is a Class B misdemeanor punishable by incarceration for a period not to exceed six months in the metro or county jail.
Answer Applies to: Alabama
Replied: 5/31/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The answer will vary based on the specific charge you face. In general, at arraignment, you would be explained the maximum jail sentence in your case. You should consult the attorney who represents you for more details. I hope that this was helpful
Answer Applies to: Michigan
Replied: 5/31/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
This misdemeanor carries a sentence of up to 364 days in the county jail.
Answer Applies to: Illinois
Replied: 5/27/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further details but the maximum for a misdemeanor is 1 year. However depending upon all the details and your record and the reason for the underlying arrest you may be able to plea bargain, by hiring an attorney, and not have to do jail time.
Answer Applies to: New York
Replied: 5/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It is a misdemeanor, so no more than a year. If the arrest was unlawful, then you are able to resist legally. Stay well.
    Answer Applies to: Alabama
    Replied: 5/26/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    This answer does not contain specific legal advice. If you need specific legal advice, you should consult directly with an attorney regarding your particular circumstances. Most attorneys will provide a free initial consultation. Traditionally, in Michigan, people arrested for "resisting arrest" are charged with either the felonies commonly known as "resisting and obstructing" a police officer, MCL 750.81d or the lesser offense, a misdemeanor charge, MCL 324.1608. The statutory tail (i.e., the maximum prison time pursuant to the law) for the felony charges start at two years and range up to twenty years (twenty years if a death allegedly resulted in relation to the incident). However, a person's possible jail time, in terms of both their tail (i.e. max time under the law), and minimum possible jail sentence for the offense could increase significantly if they have prior felony convictions and if they are charged as a "habitual offender," i.e. "sentence enhancement." Possible jail time varies significantly depending on the type of crime charged, the type of conduct alleged, a person's prior criminal history, and many other factors. Each person's circumstances are different. I would recommend directly consulting with an experienced attorney who has knowledge of your case and your particular circumstances if you need specific legal advice. Most attorneys provide free initial consultations.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Resisting arrested pursuant Penal Code Section 148 is a misdemeanor punishable by up to 1 year in county jail and a $1000 fine. What is possible for your case will ultimately depend on the facts and circumstances involved. If you are being charged with resisting arrest, you should really hire an experienced criminal defense attorney to represent you as this will maximize the chances of obtaining the best possible result. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/25/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Your typical PC 148, Interfering and/or resisting a public officer, would come with a maximum sentence of one year in County jail. However, if a defendant attempted to take the Officers firearm during the resistance, a maximum sentence of three years in prison could be imposed. Hope that helps.
    Answer Applies to: California
    Replied: 5/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Depends upon the charges brought. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. When charged with a felony, you potentially face one or more years in prison if convicted.
    Answer Applies to: California
    Replied: 5/26/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Generally you won't get jail, unless the case is very bad or your history is very bad.
    Answer Applies to: Nebraska
    Replied: 5/26/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Resisting arrest is a serious Class "A" misdemeanor carrying up to 1 year in jail. Plus, there have to be underlying charges as well. You need representation. Call us toll free at 1-877-996-6849 for a free, no obligation phone consultation.
    Answer Applies to: New York
    Replied: 5/26/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    You can get up to 5 years to serve if you physically resisted arrest. The charge would be Felony Obstruction of police officer. If you just resisted arrest by running, then it is Misdemeanor Obstruction of a Police Officer.
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Resist arrest is a misdemeanor charge with penalties up to 12 months jail and $2500 fines.
    Answer Applies to: Kansas
    Replied: 5/26/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    In Michigan, if you resist or obstruct an officer in the performance of his duties, it is a felony punishable by a maximum of two years in prison. If the resisting or obstructing causes injury to the officer, it becomes a four-year felony. Often in these cases the prosecution will offer you a misdemeanor of Attempting to Resist or Obstruct a police officer. Do not plead guilty to anything or agree to plead guilty to anything without first consulting with a criminal lawyer.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Resisting arrest in Oregon is generally a class A misdemeanor which carries a maximum jail sentence of 1 year and a fine of $6,250 plus other statutory fees and assessments. What you actual sentence might be depends on many other factors such as your criminal history; the facts of the case; your employment and family situation and other factors.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice, Resisting Arrest is a "Class A" misdemeanor. This means a person convicted of Resisting Arrest could get up to a year in jail. Most people convicted of this crime don't get that much time, however. A typical sentence in Oregon would be 2-3 years of probation and approximately 10-30 days in jail or possible community service.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    This depends on your prior record.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    In Louisiana you will face fines of up to $500 and/or jail time of up to 6 months for the crime of 'Resisting an Officer'. If you are charged with 'Resisting an Officer with Force or Violence' then you will face fines of up to $2000 and/or jail time of 1-3 years at hard labor. If you seeking representation in this matter, we invite you to contact our firm at the information on this page.
    Answer Applies to: Louisiana
    Replied: 5/26/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, resisting arrest is a class A misdemeanor, which carries a maximum sentence of one year in jail. More realistically, and depending on the person's criminal history, a person may be placed on probation and/or may face a few days in jail.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If it is a misdemeanor max is one year. If a felony 1 1/2, 2, or 3 years.
    Answer Applies to: California
    Replied: 5/26/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It is a 2 year felony, so the maximum is 2 years, the minimum is probation. It sounds like you need to hire a lawyer.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    93 days, a misdemeanor.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends upon the conduct involved. Under Minnesota Statutes 609.50, the charges may range from a misdemeanor to a felony. Charges are predicated upon the following 1) if (i) the person knew or had reason to know that the act created a risk of death, substantial bodily harm, or serious property damage; or (ii) the act caused death, substantial bodily harm, or serious property damage; to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; (2) if the act was accompanied by force or violence or the threat thereof, and is not otherwise covered by clause (1), to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or (3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    PC. 148 carries up to 1 year in jail.
    Answer Applies to: California
    Replied: 5/26/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The maximum sentence for resisting arrest is 2 years plus fines and costs.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    In Michigan, resisting a police officer is a felony and can carry up to a 2 year jail term. It is very important that you discuss your case with an attorney immediately. You can contact my office to assist you with this matter.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You can get as much as one year in jail, three years on Probation and/or $1000. in fines. However, those are maximums and the final sentence will depend upon whether you did what they claim or whether they can prove it successfully. I say don't just give up, but fight them with the help of an attorney and watch how well you may do. People who sit on juries do not like to convict if they could find themselves in the same position, so there is a chance you may not be convicted, so don't start surrendering to the case yet. Consult with a good criminal defense lawyer first and find out what kind of a defense you may have. Good luck.
    Answer Applies to: New York
    Replied: 5/26/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The straight answer is that no one can predict what a judge will do. Every misdemeanor is punishable by up to 12 months in jail. Felonies are punished more than one year. You should discuss this issue with your criminal attorney. We are criminal defense lawyers in Augusta, GA. Good luck!
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Resisting arrest is typically a misdemeanor which can result in a maximum of 12 months in jail and a $2,000 fine.
    Answer Applies to: New Hampshire
    Replied: 5/26/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    In Georgia the charge we see most often in that regard is called obstruction of a law enforcement officer. If it involves a mere failure to comply with an officer's lawful commands, then it is a misdemeanor punishable by up to 12 months in jail. If it involves threatening or using violence, then it is a felony punishable by up to five years in prison.
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Resisting Arrest is a class A misdemeanor. The maximum sentence on a class A misdemeanor is one year in jail. You are given 1/3 off for good behavior so you will serve 9 months at the most on that charge. The average sentence if convicted is 1 year probation, few defendants are sentenced to jail for resisting arrest.
    Answer Applies to: New York
    Replied: 5/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It depends on many factors. A good lawyer can probably keep you from getting any. Is the charge a felony or misdemeanor? Do you have a prior record? How bad are the facts of the case? Any injuries to others? Why were you resisting? Were you intoxicated? Are you otherwise a productive citizen? These are the types of questions that will influence the sentence.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Resisting arrest is a class A felony, with a nominal maximum sentence of one year in jail, or six months in jail and five years of probation. Because that's the longer sentence than you could receive for some felonies, it's arguable that the maximum sentence is much less, but no Oregon court has so held. One year in jail for a class A misdemeanor is very unusual, but it depends on the facts and the defendant's criminal history.
    Answer Applies to: Oregon
    Replied: 5/25/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    In Washington a person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him. Resisting arrest is a misdemeanor punishable by up to 90 days in jail and a fine up to $1,000.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Katsuranis & Rodriguez | Francisco Rodriguez
    Depends on the conduct, most times it will be charged as a misdemeanor and in CA it will mean a 1 year max.
    Answer Applies to: California
    Replied: 5/25/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    Resisting arrest is a misdemeanor. Misdemeanors are punishable up to 90 days in jail and a $1000.00 fine (that is the maximum penalty). Many factors will determine what sentence you will be facing. Factors include, criminal history, facts of the case, jurisdiction of the charge, whether alcohol/drugs were involved and the extent of the resisting. For a more specific answer I would need a bit more detail about what led to the arrest. Please feel free to give me a call for more information if you'd like.
    Answer Applies to: Washington
    Replied: 5/25/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It will all depend upon the facts and your previous criminal history. No one can give you an accurate indication of what time you are actually going to be looking at if you are found guilty. The best thing to do at this point is hire a good criminal defense attorney.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    PC 148(a) is a misdemeanor punishable by jail, but it is usually a community service / caltrans type of case. A good lawyer may even be able to reduce the 148(a) to a PC 415.
    Answer Applies to: California
    Replied: 5/25/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Depends on the jurisdiction. Probably less than 7 days depending on the facts.
    Answer Applies to: Arkansas
    Replied: 5/25/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Under Massachusetts law, the sentence for resisting arrest is up to two and one-half years in the House of Correction. If you have been charged, you should obtain legal representation right away if you have not already done so. This is undoubtedly a serious offense and many to most prosecutors' offices and judges are very hesitant to treat it leniently.
    Answer Applies to: Massachusetts
    Replied: 5/25/2011
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Resisting Arrest is usually classified as a misdemeanor criminal offense; however, this varies greatly from state to state. The potential max and min sentence also varies greatly depending on the state where you were charged with the offense. Its critically important to speak with a licensed attorney from the state charging the crime as he/she may be able to work out a plea deal with the State prosecutor or arresting Officer.
    Answer Applies to: New Mexico
    Replied: 5/25/2011
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