Resisting arrest is a crime in Maryland, including in Charles County, Maryland. See Md. Crim. Code, § 9-408. The criminal statute states simply that a “person may not intentionally resist a lawful arrest…” The statute also makes it a crime to interfere with the arrest of another person. The crime is defined as a misdemeanor crime and carries a potential jail term of up to three years and/or a fine of up to $5,000. Note that the statute specifically makes “resisting arrest” an “event” related crime, not a crime specific to each police officer involved. Thus, a person can only be charged once for resisting arrest, even though more than one police officer may be involved in the attempted arrest/detention. Md. Crim. Code, § 9-408 (d).

If you are arrested and charged with resisting arrest, call us at the Law Office of Robert Castro at (301) 870-1200. We are available around the clock, 24/7. We are top-tier rated Maryland criminal defense lawyers. If you are charged with resisting arrest, likely, you are also being charged with other crimes. You will need the legal help of experienced Maryland criminal defense lawyers.

Potential Defenses to Charges of Resisting Arrest

It is not uncommon for Maryland prosecutors to add the charge of resisting arrest to other crimes charged, even if the evidence is not strong. This makes the resisting arrest charge a bit of a “bargaining chip” when there are plea deal negotiations. Resisting arrest is a stand-alone crime, which means you can be convicted of that charge even if you are acquitted of all the other charges.

To obtain a conviction for resisting arrest, the government’s prosecuting attorneys must convince a jury of three legal elements. These are:

• The defendant knew the person attempting to make an arrest was a police officer
• The attempted arrest was a legal and lawful arrest
• The defendant resisted being arrested in some physical way (not just talking/arguing)

From this list of legal elements, some potential defenses can be seen. It may be shown that the defendant did NOT that an actual police officer was attempting an arrest. This might be a defense where the officer was not in uniform or was in no other way identified as a police officer. Likewise, if it can be shown that the arrest/attempted arrest was unlawful/illegal, that might be a defense to the charge. Then, finally, it might be shown that no physical resistance occurred. This can be a difficult defense since even a minor amount of struggle can justify a conviction.

In some cases, it may be possible to defend on the grounds of self-defense. Generally, this means proving an excessive use of force by the police officers. In such a defense, it should be shown that the defendant’s resistance was at a level reasonable to the alleged excessive use of force. Other defenses might include technical legal, procedural and constitutionally protected rights defenses.

Everyday Situations That Lead to Resisting Arrest Charges

Resisting arrest charges can stem from many scenarios, not all involving apparent defiance. Some individuals may panic during a sudden confrontation with police, especially if they are unaware of a warrant or feel they are being wrongly targeted. Others may instinctively pull away or ask repeated questions, which officers might interpret as resistance. In Waldorf, even minor physical reactions, such as tensing up or turning away, can be used by law enforcement to justify adding this charge to an arrest report.

This charge is often paired with offenses such as disorderly conduct, assault, drug possession, or driving under the influence. When emotions run high or there is confusion during the arrest process, situations can escalate quickly. Unfortunately, what may begin as a misunderstanding can result in criminal charges that carry long-term legal consequences.

How Officers Interpret Resistance

The definition of “resisting” in Maryland includes more than physical force. If officers believe a person’s behavior interfered with the arrest process—such as walking away, pulling an arm back, or refusing to put their hands behind their back—they may pursue this charge. This subjective interpretation places significant power in the hands of arresting officers, which can lead to inconsistencies in how the law is applied.

Defense attorneys often investigate bodycam footage, witness statements, and dispatch reports to clarify what occurred. In Waldorf, where many arrests are captured on video, this footage can be critical to proving whether the accused honestly resisted or simply reacted out of fear or confusion.

Impact on Your Record and Future

Being convicted of resisting arrest can create challenges long after serving a sentence. A criminal record, even for a misdemeanor, can hinder job searches, affect housing applications, limit educational opportunities, and create issues with professional licensing. These outcomes are particularly severe for individuals who have no prior criminal history but acted impulsively during a high-stress or emotionally charged encounter with law enforcement.

Moreover, a resisting arrest conviction can make future legal matters more difficult to defend. If someone is arrested again, prosecutors may use the prior charge to argue for enhanced penalties, increased bail, or less leniency during plea negotiations. Judges may also be less inclined to offer diversion programs. This makes it vital to fight the charge aggressively the first time it appears on a docket to preserve one’s legal standing and long-term prospects.

The Value of Early Legal Intervention

Time is critical when facing a resisting arrest charge. Early involvement from a criminal defense lawyer in Waldorf can help protect your rights, ensure that law enforcement actions are properly scrutinized, and build a defense strategy before key evidence is lost. Legal professionals can also engage with prosecutors early on to seek a dismissal or reduction, especially in cases where the original arrest was questionable or physical resistance was minimal.

At the Law Office of Robert Castro, we understand the importance of prompt and skilled defense. We represent clients throughout Charles County and beyond, focusing on competent, aggressive representation that keeps your best interests at the forefront.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.