In Oklahoma, state law defines what is and is not resisting arrest. The statute that applies uses the term “executive officer,” but courts have interpreted this as also applying to peace officers in the state. To contest a charge, you must examine the elements of the crime. These are the specific things the prosecutor must prove in court. Without one of these elements, there cannot be a conviction. The statute reads as follows, “Every person who knowingly resists, by the use of force or violence, any executive officer in the performance of his duty, is guilty of a misdemeanor.”
Defenses and Potential Punishments for Resisting Arrest
It is important to examine the language set out in the law itself to determine your defenses.
First, you must resist using force. Simply being belligerent in your language is not considered resisting arrest.
Next, the resistance must be with knowledge of the situation. If the person arresting has not identified himself as a peace officer, you may have a defense if you resist.
Finally, the arrest must be within the performance of the officer’s duties. If the arrest if not lawful, it is possible this is outside of the officer’s duties. Thus, resistance may not be a crime.
Resisting arrest is a misdemeanor, and does not have a particular punishment listed. Thus, the general punishments may apply. This means you could receive a jail sentence of up to one year and a maximum fine of $500.
Consult with a Tulsa Criminal Defense Attorney to Learn More
While a misdemeanor, resisting arrest can bring significant consequences, and you should consult with a Tulsa criminal defense attorney to discuss your case. Call Seventh Street Law Firm at 918-932-2777 for a confidential and low-cost consultation.