Resisiting Arrest In Minnesota

By Sullivan Rice

The term "resisting arrest" has gained significant attention in recent years, especially following high-profile incidents involving police use of force. While we won’t delve into the broader implications of these events, it’s important to understand what constitutes resisting arrest in Minnesota to avoid escalating encounters with law enforcement. Here’s what you need to know.

What is Resisting Arrest?

In Minnesota, resisting arrest is defined under Section 609.50. According to the law, a person is considered to be resisting arrest if they intentionally engage in any of the following behaviors:

1. Obstructing Legal Processes: Interfering with the lawful execution of any legal process, civil or criminal, or hindering the apprehension of someone on a criminal charge.

2. Interfering with Officers: Resisting or obstructing a peace officer while they are performing their official duties.

3. Obstructing Firefighters: Interfering with firefighters engaged in their official duties.

4. Interfering with Emergency Personnel: Obstructing ambulance service personnel while they are providing or attempting to provide emergency care.

5. Obstructing Department of Revenue Employees: Using force or threats to hinder employees of the Department of Revenue in their official duties.

Typically, the most common form of resisting arrest is outlined in the first point. If you attempt to evade, fight, or otherwise disrupt the legal process, you may be charged with resisting arrest.

“Remember that this charge can easily slides somewhere between misdemeanor obstruction of legal process, gross misdemeanor obstruction of legal process with force and 4th Degree felony assault.”

Know Your Rights

It’s crucial to understand that you have rights when interacting with law enforcement. If you’re unsure whether you are being detained, you can ask the officer directly if you are free to leave. If they indicate that you are free to go but would like you to stay for questioning, the choice is yours. However, if they state that you are being detained as part of an investigation, attempting to flee can complicate the situation.

If you feel uncertain about your rights during an encounter with the police, consider consulting a criminal defense lawyer. We can provide guidance on what to say and do to protect your rights and avoid additional legal troubles.

Conclusion

Understanding the nuances of resisting arrest is vital to navigating interactions with law enforcement safely. If you find yourself facing charges related to resisting arrest or any other criminal offense, don’t hesitate to reach out for legal assistance. The experienced team at Jack Rice Defense is here to help you navigate your legal challenges and ensure your rights are protected.