Those who find themselves in encounters with law enforcement officers, particularly during an arrest, many experience a heightened sense of anxiety and fear. This emotional distress can lead to actions that deviate from their usual behavior. This action, while potentially driven by pain or a misunderstanding of the situation, can be interpreted as obstructing or hindering the officer’s duties. Consequently, you may face criminal charges for resisting arrest. Please continue reading to learn the penalties you can face if charged and the importance of working with an experienced Des Moines Criminal Defense Lawyer to explore your legal options.
What is Resisting Arrest?
First and foremost, it’s important to understand that in Iowa, resisting arrest is legally termed as “interference with official acts.” The statute prohibits a person from intentionally obstructing the duties of a peace officer, emergency medical care provider, jailer, firefighter, or bailiff. This may include refusing to comply with the officer’s instructions, physically struggling with the officer, or fleeing the scene. To be charged with this offense, you must:
- Know a person is a peace officer
- Intentionally prevented or attempted to prevent an arrest
- Used or threatened force
- obstructed or impeded the official duties
It’s important to note that verbal opposition generally doesn’t constitute resisting arrest. This offense requires some form of physical resistance or obstruction. However, if you fail to comply with an officer’s instructions, such as putting your hands behind your head or getting on the ground, it could potentially lead to a charge of resisting arrest.
Is This a Criminal Offense?
Resisting arrest can range from a misdemeanor to a felony, depending on the severity of the actions taken. Generally, it’s classified as a simple misdemeanor, which is punishable by a fine of at least $105 but not more than $855 and up to 30 days in jail. Those guilty of a serious misdemeanor, which refers to when bodily injury occurs, will not be sentenced to more than one year in jail and face fines of at least $430 but not more than $2,560.
Those guilty of an aggravated misdemeanor, which refers to when the obstruction results in serious injury, will not be sentenced to more than one year a nd shall be assessed a fine of at least $855 but not more than $8,540. Those who are considered habitual offenders and a deadly weapon is used or displayed can face a Class D felony. This offense is punishable by no more than five years in prison and a fine of at least $1,025 but no more than $10,245.
If you have been charged with interference with official acts in Iowa, you should seek a Des Moines criminal defense lawyer to represent your best interests in the matter. Connect with our firm today, we can help explore potential defenses and guide you through this complex process.
