Missouri Resisting Arrest Law Explained Simply

Being stopped by a police officer or facing an arrest is a moment of high stress and fear. Your heart races, and feeling frustrated, angry, or confused is natural, especially if you believe you have done nothing wrong. In that heated moment, many wonder: Do I have to go along with this? Can I argue back? The last thing anyone wants is to turn a minor stop or misunderstanding into a serious criminal charge.

The key thing to know in Missouri is that there is a critical legal line between simply voicing your disagreement and committing the crime of resisting arrest. The law does not make it a crime to speak your mind, but it does make it a crime to actively try to stop an officer from doing their job. If you are charged with resisting arrest, the penalties can be much more severe than the original reason the officer stopped you.

You do not have to face added criminal charges alone. A charge of resisting arrest carries significant penalties and often complicates the original charges against you. We are ready to listen carefully to what happened and immediately develop a plan to protect your freedom and rights.

Call Cole & Martin Attorneys at Law, LLC right now for a free, confidential consultation and put a committed legal team on your side. Call us at (417) 213-5441 or click here to reach out: Free Consultation.

What the Law Says About Resisting Arrest in Missouri

In Missouri, the crime is officially called Resisting or Interfering with Arrest, Detention, or Stop (RSMo § 575.150). The law is clear that you commit this offense if you know, or reasonably should know, that a law enforcement officer is attempting to arrest you or stop you, and you take action to prevent the officer from completing that action.

The most important part of this law is the action you take. The law focuses on physical acts or the direct threat of them, not just your words.

The Three Actions That Count as Resisting

Under Missouri law, resisting arrest is defined by taking one of these three specific actions to prevent the stop or arrest:

1. Fleeing from the Officer: This is the most common form of resisting. If an officer clearly signals you to stop—like with lights and sirens in a car, or verbally on foot—and you intentionally run or drive away, you are resisting arrest.
2. Using or Threatening Violence/Physical Force: Any physical action intended to pull away, push, punch, kick, or otherwise break free from an officer's physical control. Even stiffening your body or going limp can sometimes be argued by the prosecution as using "physical force" to obstruct the arrest.
3. Interfering with Another Person's Arrest: You can also be charged if you use or threaten physical force or physical interference to prevent an officer from arresting or stopping someone else.

Arguing is NOT Resisting, But It's Risky

Many people mistakenly believe that having a loud argument, yelling at an officer, or saying "You can't arrest me!" is the same as resisting arrest. This is not true.

The U.S. Constitution gives you the right to free speech. Simply being verbally uncooperative, expressing anger, or questioning the officer's actions is not a crime. It is not against the law to argue your innocence.

However, extreme caution is necessary because arguing can quickly cross the line:

• Verbal Abuse vs. Physical Act: The charge comes into play when your argument turns into a physical movement to stop the officer. If you argue, then take a step back and turn to walk away; you have likely just moved from free speech to fleeing.
• A Separate Charge: While arguing is legal, your tone or language could lead to other charges, such as Peace Disturbance or Disorderly Conduct, which are less severe than resisting arrest but are still criminal offenses.

The safest course of action is always to comply physically while remaining silent and asking for a lawyer.

What to Do (and Not Do) During an Arrest

When an officer tells you you are being detained or arrested, your actions in the next few minutes are critical to protecting your future case.

Three Things You Must Do

1. Stop Moving Immediately: If you are driving or running, stop the vehicle or stop on foot as soon as it is safe. Fleeing makes the situation worse and elevates the charge.
2. Keep Your Hands Visible: Always keep your hands where the officer can clearly see them. Sudden movements toward your pockets, a bag, or the center console of your car may be interpreted as reaching for a weapon and justify the officer using force against you.
3. Use Your Right to Silence: When you are detained or arrested, you have the right to remain silent. The only thing you should say is: "I am going to remain silent, and I want a lawyer." Do not explain, excuse, or try to talk your way out of the situation.

The One Thing You Must AVOID

• Do Not Use Physical Force: Do not pull your arm away, stiffen your body, or run, even if you are innocent. Resisting an arrest—even one later found to be unlawful—is still a crime in Missouri. If the officer uses excessive force, your self-defense claim can become complicated and result in an additional felony charge. Your attorney can challenge the officer's actions later in court.

Resisting Arrest is a Serious Charge

The penalty for a resisting arrest conviction depends heavily on the reason for the original stop or arrest. This charge often escalates the severity of your total legal risk.

Misdemeanor Resisting Arrest

This applies if the original arrest or stop was for a non-felony offense, such as a simple traffic ticket, a misdemeanor DWI, or a city ordinance violation.

• Penalty: This is typically a Class A Misdemeanor, punishable by up to one year in county jail and a fine of up to $2,000.

Felony Resisting Arrest

The charge jumps to a felony if the original arrest was for a felony crime, a warrant for a felony, or if your flight causes a serious risk to other people.

• Felony Penalty: This is typically a Class E Felony, punishable by up to four years in state prison and a fine of up to $10,000.

If you resisted by fleeing in a car, and that action created a substantial risk of serious injury or death to any person (like causing a dangerous chase through a busy street), it becomes a felony offense.

Building a Defense Against Resisting Arrest

When you are facing charges for resisting arrest, the details of the encounter are everything. A defense is built by meticulously examining the facts of the arrest and challenging whether the prosecution can prove every part of the crime.

Our approach to these charges involves scrutinizing key elements:

• Did you know? The prosecutor must prove you knew or should have known you were being arrested or detained by a law enforcement officer. This element can be challenged if the officer was not clearly identified or did not announce their intentions.
• Was it 'Resisting' or Something Else? We evaluate whether the action was truly a form of physical resistance (fleeing or physical force) or if it was simply verbal disagreement, which should not lead to this charge.
• Excessive Force: If the police officer used force that went beyond what was necessary to make the arrest, a claim of self-defense may be appropriate. We will investigate any potential police misconduct.

A charge of resisting arrest does not have to be a certainty. A strong advocate can identify key weaknesses in the prosecution's case and build a defense to protect your freedom and reduce the severity of the original criminal charges. It is critical to get legal help for your full criminal defense case right away.

Fighting Criminal Charges in Springfield, MO

The confusion and panic that accompany an arrest can lead to actions that result in additional, unnecessary charges, like resisting arrest. If you or a family member is facing this charge in Missouri, you need to understand that it is a serious offense with potentially life-changing penalties.

The attorneys at Cole & Martin Attorneys at Law, LLC are dedicated to providing the detailed, aggressive defense needed to confront these charges. We can meticulously review the police reports, video evidence, and witness statements to determine if your rights were violated or if the charge can be overcome.

Do not wait—your future depends on the action you take right now.

Call us at (417) 213-5441 or visit our consultation form to schedule a private, free case review. We stand ready to provide you with a robust defense.