What Are the Penalties for Resisting Arrest in Tennessee?

No matter the type of offense, facing criminal charges can be frightening and overwhelming. Having a clear understanding of the definition of a criminal offense and the associated legal repercussions is crucial in protecting your rights and future. To learn more about resisting arrest and the penalties you may incur, continue reading and speak with an experienced Memphis criminal defense attorney today.

How is Resisting Arrest Defined Under TN Law?

Because each state has a different set of laws and penalties, it is imperative that you understand the definition of a crime in the state where it was committed. In Tennessee, resisting a stop, frisk, halt, arrest, or search is considered an obstruction of justice. The offense is defined under Tennessee Code § 39-11-611, which states the following.

• “It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer’s presence and at the officer’s direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another” and,
• “It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process”

In general, any time you purposefully interfere with an officer attempting to conduct an arrest, search, etc., whether they are detaining you or another person, you could be charged with resisting arrest.

What Are the Penalties for Resisting Arrest in TN?

Under Tennessee state law, resisting arrest is a Class B misdemeanor. However, if the defendant used a deadly weapon in their attempt to resist the stop, frisk, halt, arrest, or search, the violation can be increased to a Class A misdemeanor.

As a Class B misdemeanor, you can face the following penalties.

• Up to 6 months in jail
• Fines of up to $500

If your charges are increased to a Class A misdemeanor, you can expect the following.

• Up to 11 months and 29 days in jail
• Fines of up to $2,500

The court may impose additional consequences depending on the details of your offense including community service, probation, driver’s license suspension, and more. It is also important to keep in mind that if the law enforcement officer or any other person was injured or killed during the resistance, you can face additional charges for assault, assaulting a police officer, manslaughter, or any other charges relevant to your circumstances.

For more information and to secure skilled representation during your case, reach out to a knowledgeable attorney at Ballin, Ballin & Fishman, PC today.