Resisting Arrest

At Scrivner Law Firm, we understand the complexities and challenges individuals face when charged with resisting arrest in Missouri. Led by Dayrell Scrivner, a former prosecutor with over 20 years of experience, our firm is dedicated to providing robust defense strategies tailored to the unique circumstances of each case. Serving clients in Taney, Stone, and Christian counties, we leverage our comprehensive understanding of the criminal justice system to protect your rights and pursue the best possible outcomes.​

Understanding Resisting Arrest in Missouri

Resisting arrest is a serious offense in Missouri, governed by RSMo Section 575.150. According to this statute, a person commits the crime of resisting or interfering with an arrest, detention, or stop if they know that a law enforcement officer is making an arrest or stop, and for the purpose of preventing the officer from completing the arrest or stop, they:​

• Resist the arrest, stop, or detention by using or threatening violence or physical force.​
  
• Flee from the officer.​
  
• Interfere with the arrest, stop, or detention of another person.​

The offense is typically classified as a class A misdemeanor. However, if the individual’s actions create a substantial risk of serious physical injury or death to any person, the charge elevates to a class E felony.​

Potential Defenses to Resisting Arrest Charges

Defending against a resisting arrest charge requires a nuanced understanding of Missouri law and the specific facts of the case. Potential defenses may include:​

• Unlawful Arrest: If the arrest was not lawful, you might have a defense against the resisting arrest charge. Missouri courts have recognized the right to resist an unlawful arrest, although this area of law is complex and requires careful legal analysis.​
  
• Self-Defense: In certain situations, if excessive force was used during the arrest, asserting self-defense may be appropriate. The Missouri Court of Appeals has addressed cases where self-defense was considered in the context of resisting arrest.​
  
• Lack of Intent: Demonstrating that there was no intent to resist or interfere with the arrest can be a viable defense.​
  
• Misidentification: If you were not the individual involved in the alleged resisting arrest incident, establishing an alibi or presenting evidence of misidentification can be crucial.​

Case Law Relevant to Resisting Arrest in Missouri

Several Missouri cases have shaped the legal landscape regarding resisting arrest:​

• State v. Nunes (1977): The defendant was convicted of striking a police officer and contended that the trial court erred by refusing instructions on self-defense and resisting arrest as a lesser included offense. The Missouri Court of Appeals addressed these issues, highlighting the complexities involved in such cases.​
  
• State v. Miller (2005): In this case, the appellant argued that merely grasping the steering wheel as officers removed her from the vehicle was insufficient to convict her of resisting arrest. The court examined the nature of physical force required for a resisting arrest conviction.
  
• State v. Furne (1982): The appellant challenged his conviction under § 575.150, RSMo 1978, for resisting arrest. The Supreme Court of Missouri addressed the constitutional aspects and the specifics of the statute in question.​

These cases underscore the importance of a detailed legal analysis and the necessity of experienced legal representation when facing resisting arrest charges.​

Steps to Take If You Are Charged with Resisting Arrest

If you are facing a resisting arrest charge, it is crucial to take immediate steps to protect your rights:

1. Remain Silent: Anything you say can be used against you in court. Politely decline to answer questions until you have legal representation.
2. Document the Incident: If possible, write down everything you remember about the arrest, including the officers involved, the location, and any witnesses present.
3. Seek Medical Attention: If you were injured during the arrest, seek medical treatment and obtain documentation of your injuries.
4. Contact an Attorney: The sooner you have an experienced attorney on your side, the better your chances of building a strong defense.

Consequences of a Resisting Arrest Conviction

A conviction for resisting arrest can have significant consequences, including:

• Criminal Record: A conviction will appear on your criminal record, which can impact employment opportunities, housing applications, and other aspects of life.
• Jail Time: A class A misdemeanor conviction can result in up to one year in jail, while a class E felony conviction can lead to a prison sentence of up to four years.
• Fines and Court Costs: You may be required to pay fines and court costs, adding financial strain to the legal burden.
• Impact on Future Legal Proceedings: A prior conviction for resisting arrest can be used against you in future legal proceedings, potentially leading to enhanced penalties if you face subsequent charges.

How Scrivner Law Firm Can Assist You

At Scrivner Law Firm, we offer comprehensive legal services to individuals charged with resisting arrest in Taney, Stone, and Christian counties. Our approach includes:​

• Case Evaluation: We conduct thorough reviews of the circumstances surrounding your arrest to identify potential defenses and legal strategies.​
• Evidence Analysis: Our team meticulously examines all evidence, including police reports, witness statements, and any available video footage, to challenge the prosecution’s case.​
• Negotiation: Leveraging our extensive experience and understanding of the local legal system, we engage in negotiations to seek reduced charges or alternative sentencing options when appropriate.​
• Trial Representation: If your case proceeds to trial, you can trust our firm to provide vigorous representation, presenting compelling arguments and evidence on your behalf.​

Contact Scrivner Law Firm Today

If you or a loved one is facing a resisting arrest charge in Taney, Stone, or Christian County, it is crucial to seek experienced legal counsel promptly. At Scrivner Law Firm, we are committed to defending your rights and guiding you through every step of the legal process. Contact us today at (417) 699-0074 or visit our Contact Us page to schedule a consultation.