What Happens if You Resist Arrest in Georgia? 

July 17, 2024 • Posted In Criminal Defense

Charges that may accompany a Georgia criminal defense include resisting arrest. How is resisting arrest classified, and how will a conviction impact you? Charges of resisting arrest generally occur at the time of arrest for another infraction when an individual becomes upset, agitated, or combative against an officer. These interactions may also occur with court officials, corrections officers, probation officers, or any person serving in a law enforcement capacity.

What is Resisting Arrest in Georgia?

An act that is knowingly committed to obstruct or hinder the actions of an officer while lawfully commencing their duties is considered resisting arrest (Ga. Code Sec. §16-10-24). In this instance, resisting arrest is classified as a misdemeanor. Penalties for a misdemeanor conviction of resisting arrest may include the following:

• Fines up to $1000
• Jail time up to one year
• Possible community service
• Educational awareness classes

Any penalties outlined in the Georgia punishment for misdemeanors guidelines may apply. Actions that may be classified as misdemeanor resisting arrest may be failing to open a door when an officer tries to arrest you, hiding from law enforcement, or going limp during the process of an arrest.

Felony Obstruction Charges May Apply to Georgia Resisting Arrest Charges

Knowingly and willfully obstructing, opposing, or resisting any law enforcement officer, including conservation rangers, correctional officers, parole supervisors, correctional officers, or probation officers, and preventing them from performing their official duties by using acts of violence may be charged as a felony resisting arrest. A felony arrest may also result when these acts pose a substantial risk of impairment to a physical condition. Penalties for felony charges may include:

• Not less than one but no more than five years imprisonment
• Minimum fines of $300
• Possible community service
• Anger management or educational classes

Because a resisting arrest charge is generally related to charges for another offense, it is not uncommon for criminal charge stacking to occur. These tactics strengthen a case against you and increase the chances of a guilty verdict. Felony charges may result when you swing at, push, or punch an officer. A felony offense may also occur in a situation in which the resistance creates a dangerous situation.

Potential Resisting Arrest Defenses in Georgia

A sound defense can punch holes in these and other charges. It is possible to have resisting arrest charges decreased or even dropped when an experienced criminal defense lawyer in Georgia can cast doubt on evidence in a case and weaken possible proof. Defenses for resisting arrest may include the following:

• You acted in self-defense: Unreasonably excessive force by law enforcement may trigger a fear response. An arrest may contain elements of abuse, aggression, or threats that are beyond reasonable force.
• An unlawful arrest occurred: An arrest without probable cause may lead you to resist or to offer assistance to someone else who is unlawfully arrested. Aggressively documenting and taking on incidents of illegal arrest may dramatically change a case’s outcome.

It is possible when you intervene on behalf of a friend who is being arrested to face charges of resisting arrest even though you committed no other crime to result in an arrest. Regardless of the situation leading to resisting arrest, a conviction is serious. You should always explore your options for a solid defense to improve the outcome in a case and your future.