How to Avoid Trouble: Tennessee's Resisting Arrest Laws Explained

Resisting arrest is a charge that can escalate an already tense encounter with law enforcement into a more serious legal situation. In Tennessee, understanding the laws surrounding resisting arrest is crucial to protecting your rights while avoiding additional criminal charges. Whether you’ve been stopped for a minor offense or face a more serious accusation, knowing how the law applies can help you navigate these situations effectively.

What Is Resisting Arrest?

Under Tennessee law, resisting arrest is defined as intentionally preventing or obstructing a law enforcement officer from making an arrest, stop, or detention. This can include physical resistance, such as struggling or fleeing, as well as non-physical actions, such as refusing to follow lawful commands. Tennessee Code § 39-16-602 specifically addresses this offense.

Examples of Resisting Arrest

Actions that may be considered resisting arrest in Tennessee include:

• Pulling away from an officer during an arrest attempt.
  

• Running from law enforcement after being stopped.
  

• Physically assaulting or threatening an officer during an encounter.
  

• Refusing to provide identification or comply with lawful commands when required.
  

It’s important to note that resisting arrest does not require the use of violence. Even minor actions that impede an officer’s duties can lead to this charge.

Penalties for Resisting Arrest in Tennessee

Resisting arrest is typically charged as a Class B misdemeanor in Tennessee. The potential penalties for a conviction include:

• Up to six months in jail.
  

• A fine of up to $500.
  

• A permanent criminal record, which can affect employment opportunities and other aspects of life.
  

If the resistance involves physical violence or results in injury to the officer, the charges could be elevated to more serious offenses, such as assault on a law enforcement officer, which carries harsher penalties.

Legal Defenses to Resisting Arrest

If you are charged with resisting arrest, several legal defenses may be available, depending on the circumstances of your case. Common defenses include:

1. Unlawful Arrest: If the arrest itself was unlawful—for example, if the officer lacked probable cause—you may argue that your resistance was justified.
   

2. Self-Defense: In cases where excessive force was used by law enforcement, you may be able to claim self-defense.
   

3. Misunderstanding: Sometimes, actions interpreted as resistance are the result of confusion or misunderstanding, rather than intentional obstruction.
   

4. Lack of Intent: Resisting arrest requires intent. If you did not intentionally obstruct or resist the officer, this may be a valid defense.
   

A skilled criminal defense attorney can evaluate your case and determine which defenses are most applicable.

Rights During an Arrest

It’s important to understand your rights during an arrest to avoid unintentionally escalating the situation. These rights include:

• The Right to Remain Silent: You are not required to answer questions beyond providing basic identification.
  

• The Right to an Attorney: You have the right to legal representation and should request an attorney as soon as possible.
  

• Protection Against Excessive Force: Law enforcement officers must use only the amount of force necessary to effect an arrest.
  

How to Handle an Arrest to Avoid Resisting Charges

To reduce the risk of facing a resisting arrest charge, consider the following:

1. Remain Calm: Stay composed and avoid making sudden movements that could be interpreted as resistance.
   

2. Comply with Lawful Commands: Follow the officer’s instructions, even if you believe the arrest is unjust. You can contest the legality of the arrest later in court.
   

3. Do Not Argue or Escalate: Verbal disputes or aggressive behavior can increase the likelihood of additional charges.
   

4. Document the Encounter: If possible, take note of details such as the officer’s badge number, patrol car number, and any witnesses present.
   

The Importance of Legal Representation

If you are charged with resisting arrest, seeking legal counsel is essential. An experienced criminal defense attorney can:

• Examine the details of your arrest to determine if proper procedures were followed.
  

• Challenge the prosecution’s evidence and present mitigating factors.
  

• Advocate for reduced charges or alternative sentencing options.
  

Final Thoughts

Resisting arrest is a serious charge that can have long-lasting consequences. By understanding Tennessee’s laws and knowing your rights, you can better protect yourself in interactions with law enforcement. If you or someone you know is facing charges for resisting arrest, consult with a knowledgeable criminal defense attorney to ensure your rights are upheld and your case is handled effectively.

Remember, staying calm and informed during an encounter with law enforcement can make all the difference in how the situation unfolds.