A resisting-arrest charge often appears alongside another criminal accusation.
But resisting arrest is a separate offense with its own elements — and one particular word in Alabama’s statute matters enormously: lawful.
Quick Answer: What Is Resisting Arrest in Alabama?
Under Alabama Code §13A-10-41, a person commits resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from effecting a lawful arrest of the person or another person.
Resisting arrest is a Class B misdemeanor.
Does Any Resistance Automatically Equal Resisting Arrest?
No criminal case should be analyzed that simply.
The statute requires intentional conduct directed toward preventing or attempting to prevent a lawful arrest.
Cases can involve disputes about what actually happened. For example:
- Did the person intentionally resist?
- Was the person physically unable to comply?
- Were commands contradictory?
- Did the person understand that an arrest was occurring?
- Was the person merely questioning the officer?
- Did officers immediately use force?
- Does body-camera video match the written report?
Body-camera footage can be particularly important.
Why Does the Word “Lawful” Matter?
The statute specifically refers to a lawful arrest.
That means the circumstances leading to the arrest may be relevant to the resisting charge.
A defense lawyer may examine why officers attempted the arrest and whether they had a lawful basis to do so.
Resisting Arrest vs. Running Away
The facts matter.
A person may face resisting allegations based on physical conduct, attempts to pull away, flight, interference, or other behavior officers contend prevented the arrest.
But the State still has to prove the elements of the particular offense charged.
The officer’s description should be compared to available video and independent witnesses rather than treated as automatically conclusive.
Body Cameras Can Change These Cases
Few pieces of evidence are more useful in resisting-arrest cases than video. An officer’s report may say:
“Subject refused commands and actively resisted.” Body-camera footage may provide far more detail. It may show:
- How much time passed between commands and physical force
- Whether commands could be heard
- What the accused was doing
- Whether the accused pulled away
- What officers said
- Whether multiple officers gave different instructions
- Whether the accused was already restrained The details matter.
Should You Explain Yourself After the Arrest?
Generally, an arrest scene is not the place to litigate whether the officer is right. Additional statements can become evidence.
Once a person is arrested, the legal issues can be addressed through counsel and the court system rather than through an argument at the scene.
Frequently Asked Questions
Is resisting arrest a felony in Alabama?
Under §13A-10-41, resisting arrest is a Class B misdemeanor.
Can I be charged with resisting arrest even if the original charge is dismissed?
Potentially, because resisting arrest is a separate charge. Whether it can be proven depends on its own elements, including the requirement involving a lawful arrest.
Do I have to hit an officer to be charged?
No. The statute does not require an assault on an officer. It addresses intentionally preventing or attempting to prevent a lawful arrest.
Can body-camera footage help the defense?
Absolutely. Video may provide objective evidence concerning commands, movements, timing, force, and the circumstances of the arrest.
Arrested for Resisting Arrest in North Alabama?
The words used in a police report are not the end of the analysis.
Call Nick Law examines body-camera footage, reports, witness evidence, and the circumstances that led to the arrest for clients throughout Huntsville and North Alabama.
This article contains general information only and does not constitute legal advice.
Nick Lough is a Huntsville attorney with nearly a decade of experience fighting for clients in criminal defense, family law, and personal injury cases. He provides dedicated, client-focused legal representation.
