Can You Be Charged With Resisting Arrest Even If You Didn’t Fight Back?

If you’ve been charged with resisting arrest in Philadelphia or anywhere in Pennsylvania, it’s important to know your rights—and how a criminal defense attorney can fight the charge and protect your record.

What Is Resisting Arrest in Pennsylvania?

Under 18 Pa. C.S. § 5104, resisting arrest is defined as:

“Attempting to prevent a public servant from effecting a lawful arrest or discharging any other duty, by creating a substantial risk of bodily injury to the public servant or by any means that justifies or requires substantial force to overcome the resistance.”

In plain terms, this means you can be charged if you:

• Struggle with or pull away from an officer

• Flail, tense up, or refuse to put your hands behind your back

• Use your body or words to delay or interfere with the arrest

• Cause the officer to use significant force to gain control

• Create a risk of injury even if no injury occurs

The key factor is whether your actions escalated the situation or created danger, not just whether you fought or ran.

Is Resisting Arrest a Misdemeanor or Felony?

Resisting arrest is typically charged as a second-degree misdemeanor in Pennsylvania.

• Penalty: Up to 2 years in jail and a $5,000 fine

If other charges are involved—like assault on an officer or obstruction—you may face multiple charges from a single encounter.

Common Scenarios That Lead to Resisting Arrest Charges

• Refusing to put your hands behind your back

• Verbally arguing or pulling away during an arrest

• Clenching your fists or tensing your arms

• Being intoxicated and failing to comply

• Struggling even slightly while being handcuffed

• Interfering with someone else’s arrest

Many of these situations happen quickly and under stress. Unfortunately, police may interpret even passive resistance as “resisting arrest.”

What If the Arrest Was Illegal or Unfair?

Even if you believe the arrest was wrongful, you can still be charged with resisting it. Pennsylvania law says that the arrest must be “lawful”, but police often make arrests based on their interpretation of the situation.

If your lawyer can prove:

• The arrest was not lawful, or

• There was no intent to resist, or

• The police used excessive force from the beginning

—then the resisting charge may be dismissed or reduced.

Defenses a Criminal Defense Attorney May Use

A skilled attorney will examine the facts, body cam footage, witness statements, and police reports to challenge the charge. Common defenses include:

✅ You did not know you were being arrested
✅ Your behavior wasn’t threatening or dangerous
✅ You were confused, afraid, or acting in self-defense
✅ The officer used unreasonable or excessive force
✅ You were not given clear commands
✅ The underlying arrest was unlawful

Many resisting arrest charges come down to the officer’s word against yours—so having an experienced attorney is crucial.

How Resisting Arrest Can Affect Your Case

Resisting arrest often makes a criminal case harder to resolve because:

• It may give the prosecution leverage in plea negotiations

• Judges may view it as a sign of poor behavior

• It can prevent you from qualifying for diversion programs or expungement

• It adds additional penalties to your original charge

That’s why your defense lawyer may try to negotiate withdrawal or dismissal of the resisting charge as part of resolving the overall case.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with resisting arrest—whether you fought back or not—don’t face the system alone. With over 30 years of experience in Philadelphia and throughout Pennsylvania, Mark D. Hauser knows how to challenge questionable arrests, protect your rights, and work for the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.