Charged With Resisting Arrest in Pennsylvania? What You Need to Know

If you've been charged with resisting arrest in Philadelphia or anywhere in Pennsylvania, here's what you need to know about the law, the penalties, and how a skilled defense attorney can help.

What Is Resisting Arrest Under Pennsylvania Law?

Resisting arrest is defined in Title 18, Section 5104 of the Pennsylvania Crimes Code. The law states:

“A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or employs means justifying or requiring substantial force to overcome the resistance.”

In plain terms, resisting arrest involves more than just pulling away or yelling. It requires either risking harm to an officer or making the arrest unreasonably difficult.

What Resisting Arrest Is (and Is Not)

Here’s what typically qualifies as resisting arrest:

✅ Pushing or shoving an officer
✅ Running away after being told you’re under arrest
✅ Physically struggling during handcuffing
✅ Threatening or making movements that force police to use additional force

On the other hand, simply arguing, refusing to answer questions, or even asking to speak to a lawyer is not resisting arrest.

It’s also important to note: Even if the arrest is unlawful, you can still be charged with resisting. Pennsylvania law does not give you the right to resist—even if you believe the police are acting improperly. The proper course of action is to comply, and let your attorney challenge the arrest later in court.

Penalties for Resisting Arrest in Pennsylvania

Resisting arrest is classified as a second-degree misdemeanor, which carries penalties of:

• Up to 2 years in prison

• Up to $5,000 in fines

• Probation, community service, or anger management courses

This charge is often added on top of another criminal charge, such as disorderly conduct, drug possession, or DUI—meaning you could be facing multiple counts and a more complex case.

How Prosecutors Prove Resisting Arrest

To convict you, the prosecution must prove:

1. You knew or should have known you were being arrested

2. You intended to prevent the arrest

3. Your actions created a physical risk or required officers to use significant force

Intent is key. If your actions were involuntary, confused, or caused by panic—not purposeful resistance—your attorney may argue for dismissal or reduction of charges.

Defenses Against Resisting Arrest Charges

Every case is different, but common defenses include:

• Lack of Intent: You were confused or didn’t know you were being arrested.

• Excessive Force by Police: Your movements were defensive, not aggressive.

• Medical or Mental Health Conditions: Anxiety, PTSD, or a medical episode affected your behavior.

• Lack of Substantial Risk: Your actions didn’t actually threaten the officer or require substantial force.

A skilled defense attorney will review body cam footage, witness statements, and police reports to build a strong defense.

Charged with Resisting Arrest in Philadelphia? Take It Seriously

Even though it’s a misdemeanor, resisting arrest can damage your record, affect your employment, and complicate any related charges. In some cases, it can even hurt your standing in probation or diversion programs. That's why it’s crucial to address the charge proactively with a defense strategy tailored to your case.

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

With over 30 years of experience defending clients in Philadelphia and throughout Pennsylvania, Mark D. Hauser understands how to challenge resisting arrest charges and protect your rights in and out of court.

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