--- title: "Resisting Arrest" url: https://www.chadbanklaw.com/resisting-arrest/ date: 2014-11-07 modified: 2026-06-05 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2019/10/Resisting-Arrest-Defense-Attorney-scaled.jpeg type: page lang: en --- # Resisting Arrest ## Rhode Island Resisting Arrest Attorney Resisting arrest can mean the use of force or the use of a weapon against an officer trying to take a suspect into custody. In the state of Rhode Island resisting arrest can be considered a misdemeanor or a felony and is punishable by law. 12-7-10 Resisting legal or illegal arrest. – (a) It shall be unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer. (b) Any person violating the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year or by both fine and imprisonment. (http://webserver.rilin.state.ri.us/Statutes/title12/12-7/12-7-10.HTM) ## Rhode Island Penalties for Resisting Arrest !(/wp-content/uploads/2019/10/Resisting-Arrest-Defense-Attorney-300x169.jpeg) Depending on the severity of the actions by the resistor this offense can be charged as a felony or a misdemeanor. Although the penalties may vary the general consequences include imprisonment imposed fines probation and enforced community service. Resisting is punishable by up to one year in prison and carries fines of up to $1000. The actions of resisting misdemeanors are composed of running and hiding from law enforcement officers. While the actions of **resisting** at a felony level must include some act or threat of a violent nature toward the arresting officer. ### Defense Attorney for Resisting Charges Our Rhode Island law office has handled several thousand criminal defense cases and always represent our clients with aggressive strategies on their behalf. We understand the hardships faced when charged with criminal offenses such as resisting. We also know that many things can unfold in the intense moment of being arrested against ones will. Don’t leave your future to chance. If you or a loved one has been charged with resisting contact our law office today. Call 401-573-2265 immediately to speak with **Rhode Island Resisting Arrest Attorney Chad Bank**. ## Frequently Asked Questions What is resisting arrest in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:11:42-04:00 #### [ **** What is resisting arrest in Rhode Island? ](#collapse-1-8193) Resisting arrest in Rhode Island is intentionally preventing or obstructing a police officer from making a lawful arrest under R.I. Gen. Laws § 12-7-10. The charge is typically a misdemeanor with up to 1 year jail and fines up to $500. Common scenarios include physically struggling during an arrest, pulling away from officers, running from police during attempted detention, and using force to prevent handcuffing. Like obstruction, resisting arrest is frequently added as a stacking charge alongside the primary offense. The charge requires the underlying arrest to be LAWFUL — if the arrest was unlawful, resisting it may not be a crime. What are the penalties for resisting arrest in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:11:47-04:00 #### [ **** What are the penalties for resisting arrest in Rhode Island? ](#collapse-1-8194) Resisting arrest penalties in Rhode Island include up to 1 year jail and fines up to $500 for first-offense misdemeanor under R.I. Gen. Laws § 12-7-10. The charge can be elevated when officers are injured during the resistance, when weapons are used, or when the resistance causes significant disruption. Stacking with the underlying arrest offense significantly increases overall exposure. Most resisting arrest cases resolve with fines, probation, and community service rather than jail when there is no officer injury, but the conviction stays on your record permanently and signals to future police interactions and employers that you have a confrontational record. Can resisting arrest be defended in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:11:53-04:00 #### [ **** Can resisting arrest be defended in Rhode Island? ](#collapse-1-8195) Yes. Rhode Island resisting arrest charges can be defended through several angles. The lawfulness of the underlying arrest is critical — if the arrest was unlawful (no probable cause, improper basis), resisting it may not be criminal. Other defense angles include challenging the intent element (passive non-compliance is not always resisting), contesting the use of force allegations (defensive movement after being struck by police is not resisting), challenging body camera and witness testimony for inconsistencies, and arguing that the conduct was a reaction to excessive force by officers. Many resisting arrest cases also resolve through reduction to disorderly conduct or dismissal when the primary case is favorably resolved. What is the difference between resisting arrest and obstruction in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:11:58-04:00 #### [ **** What is the difference between resisting arrest and obstruction in Rhode Island? ](#collapse-1-8196) The difference between resisting arrest and obstruction in Rhode Island is the specific activity being interfered with. Resisting arrest specifically targets interference with a lawful arrest — the moment when police are physically taking someone into custody. Obstruction is the broader charge covering any interference with police executing their official duties, including investigation work that is not an active arrest. Both charges can apply to the same incident if the conduct interfered with both an active arrest and broader police work. Defense work often focuses on whether the conduct actually rises to either charge and whether the underlying police action was lawful. Is running from police resisting arrest in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:12:03-04:00 #### [ **** Is running from police resisting arrest in Rhode Island? ](#collapse-1-8197) It depends. Running from police in Rhode Island can support a resisting arrest charge when the officer was attempting a lawful arrest and the running was specifically intended to prevent that arrest. However, fleeing from a police stop that has not escalated to arrest may be charged differently (eluding a police officer, R.I. Gen. Laws § 31-27-4.1, for vehicle fleeing). Running before the officer has indicated intent to arrest is also not always resisting. Defense work often focuses on the specific sequence of events: when did the officer attempt arrest, what verbal commands were given, and what did the defendant know about the officer's intent. What if the arresting officer used excessive force in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:12:11-04:00 #### [ **** What if the arresting officer used excessive force in Rhode Island? ](#collapse-1-8198) Excessive force by police can be a defense to resisting arrest charges in Rhode Island. If officers used force beyond what was reasonably necessary for the situation, your defensive response may not constitute criminal resistance. Body camera footage, witness testimony, and the documented injuries are critical evidence in excessive force defenses. You may also have a separate civil rights claim against the officers and the department under 42 U.S.C. § 1983, which can be pursued by a civil rights attorney while the criminal defense proceeds. Document any injuries with photographs and medical records immediately. The criminal and civil tracks need coordinated representation by counsel who understands both. Can resisting arrest be reduced in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:12:14-04:00 #### [ **** Can resisting arrest be reduced in Rhode Island? ](#collapse-1-8199) Yes. Rhode Island resisting arrest charges are often reduced through plea negotiation when the underlying arrest's lawfulness is questionable, when the defendant has no significant prior record, or when the resistance was minor (passive non-cooperation rather than active physical resistance). Common reductions include resisting arrest to disorderly conduct (less serious misdemeanor with no implication of fighting police) or dismissal entirely when the primary case is favorably resolved. Defense work focused on identifying weaknesses in the prosecution's case (lack of officer injury, lack of video evidence, ambiguous body camera footage) significantly improves the chances of reduction. Do I need a lawyer for a resisting arrest charge in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:12:19-04:00 #### [ **** Do I need a lawyer for a resisting arrest charge in Rhode Island? ](#collapse-1-8200) Yes. Resisting arrest in Rhode Island carries potential jail time, a permanent criminal record that signals confrontational history to future police and employers, and stacking exposure with the primary case. A defense lawyer can challenge the lawfulness of the underlying arrest, contest the intent element, raise excessive force defenses, negotiate reduction to lesser charges, and coordinate with civil rights counsel if police misconduct is a factor. Even a misdemeanor resisting arrest conviction makes future police interactions more dangerous because officers see the prior charge during traffic stops and other encounters. Call Attorney Chad F Bank at 401-573-2265 for a free consultation. ## Resisting Arrest Defense Office Location ### Rhode Island Resisting Arrest Attorney The Law Office of Chad F Bank $ https://www.chadbanklaw.com/wp-content/uploads/2019/05/cropped-the-law-office-of-chad-f-bank-logo-square.jpg 127 Dorrance St Providence , RI 02903 Phone: 401-573-2265