In the unfortunate event that you’ve been accused of resisting arrest or interference with official acts in Iowa, it’s in your best interest to consult a seasoned Des Moines Criminal Defense Lawyer who can help you prepare a compelling defense. Please continue reading to learn what actions constitute this charge in Iowa and the potential penalties you can face upon a conviction.
What Actions Can Lead to a Resisting Arrest Charge in Iowa?
Under Iowa Code § 719.1, a person is guilty of resisting arrest, or interference with offical acts, when the individual “ knowingly resists or obstructs anyone known by the individual to be a peace officer, jailer, emergency medical care provider, medical examiner, or firefighter, whether paid or volunteer, or an individual performing bailiff duties, or who knowingly resist or obstructs the service or execution by any authortized individual of any civil or cirminal process or order of any court.”
Contrary to popular belief, you can face charges for resisting arrest in Iowa even if no one sustains injuries; interference is often sufficient. Verbal disagreements, on the other hand, don’t constitute this charge. Common examples of resisting arrest include:
- Physically resisting or struggling with an officer
- Trying to escape (running away or hiding) during detention or arrest
- Passive physicality (forcing an officer to drag or carry you to make the arrest more challenging)
- Refusing to follow lawful orders, thereby hindering official actions
What Are the Potential Penalties?
If you’ve been charged with resisting arrest in Iowa, it’s crucial to understand the potential penalties that may follow a conviction. The severity of the penalties depends on the level of injury inflicted, the use of weapons during the incident, and other factors. When an individual knowingly resists or obstructs an officer acting within the scope of their duty, it’s usually classified as a simple misdemeanor. This crime is punishable by a $250 fine and up to 30 days behind bars.
If the resistance results in serious bodily injury, it’s considered a serious misdemeanor, which is punishable by fine sof $430-$2,560 and up to one year behind bars. If the resistance causes serious injury to the officer, it’s classified as an aggravated misdemeanor; penalties may include fines of $855-$8,540 and up to two years behind bars. Furthermore, if the individual uses a dangerous weapon or inflicts serious harm, they will be charged with a Class D felony, which is punishable by up to five years behind bars and $1,025 and $10,245.
Given the potential penalties of this offense, please don’t hesitate to contact the dedicated legal team at Herting Law, PLLC. We are ready to help mount the strongest defense on your behalf. Connect with us today to schedule a consultation.
