Resisting arrest is a misdemeanor in Maryland punishable by up to 3 years in jail and a fine of $5000. In order to resist arrest in Maryland, the officer must be making a lawful arrest, and you must refuse to submit to the arrest by force. Resisting arrest may show up on your Maryland charging document as “Resist/Interfere with Arrest”, CR 9-408(b), and/or CL 9-408(b).
In Maryland, you are allowed to use reasonable force to resist an unlawful arrest, but you are almost always better off not doing so.
In resisting arrest cases, it is very important to determine whether your arrest was lawful. An unlawful arrest can be used as a defense against these charges.
Unfortunately, resisting arrest, and also 2nd degree assault on an officer are sometimes charged improperly by officers against people that the police have unlawfully injured as a way to disguise and justify police misconduct.
Fleeing is not Resisting Arrest
Resisting arrest is also sometimes improperly charged in cases of a fleeing suspect, or someone who otherwise resists arrest without force. Simply fleeing is not resisting arrest, even though it may be a violation of other laws against escape or fleeing and eluding.
Interfering with Arrest
Interfering with an arrest requires that you interfere with a person that you have reason to know is a police officer, who is attempting to lawfully detain another person. It is also a misdemeanor punishable by up to 3 years in jail and a fine of up to $5000.
If you resist an arrest or interfere with one involving multiple officers, you cannot lawfully be charged with that crime multiple times just because more than one officer is involved.
Take These Charges Seriously
These charges are serious, as courts and prosecutors can sometimes be unreasonably protective of police officers, to your detriment. The facts in a resisting arrest case are often in dispute, and I can frequently resolve them in your favor. If you are charged with resisting arrest or interfering with an arrest, call me at (301) 556‑8709, because I have experience winning these cases for other people, and I can help you too.
