A Sterns County man took a domestic call to a dangerous level in February 2025 when he refused to cooperate with deputies in Paynesville Township.
If you think an arrest is unfair or the officer is wrong, your instinct might be to resist. Maybe you walk away. Perhaps you argue. Maybe you try to pull your arm back when the cuffs come out. However, the hard truth is that none of that will stop the arrest. Rather, it may only make things worse.
In Minnesota, refusing arrest can land you with additional charges, even if the reason for the original arrest turns out to be weak or dismissed altogether. To learn more about your rights, contact our Minneapolis criminal defense lawyers at Keller Law Offices. Call 952-913-1421 for a free initial consultation.
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What Is Refusing Arrest Under Minnesota Law?
Minnesota law doesn’t specifically use the phrase refusing arrest, but that doesn’t mean it goes unpunished. Instead, these actions fall under statutes for:
- Obstructing the Legal Process: Any intentional act aimed at interfering with law enforcement in the execution of their duties can be considered obstruction.
- Resisting Arrest: This offense occurs when an individual purposely struggles against, delays, or refuses to comply with a law enforcement officer’s orders.
- Fleeing a Peace Officer: Attempting to evade or run from a law enforcement officer during an arrest in Minneapolis is treated as a separate offense.
- Assaulting a Law Enforcement Officer: When a suspect escalates the situation by threatening or physically assaulting an officer, it can trigger even more severe charges.
Under Minnesota state law, it is a crime to intentionally obstruct, hinder, or resist a police officer while that officer is performing official duties. Whether you walk away from an officer or physically fight back, the law views both actions as criminal interference.
State law applies whether you’re dealing with local police in Minneapolis, county deputies in Greater Minnesota, or state troopers. Once an officer engages with you as part of their official duties, during a traffic stop, a domestic call, or while executing a warrant, you are expected to comply.
What Actions Count as Resisting or Obstructing Arrest?
Refusing an arrest doesn’t always involve physical violence. In fact, many people face charges for actions they didn’t even realize were considered resistance. Some common examples of actions the authorities may interpret as self-defense or protest include:
- Pulling your arm away when an officer tries to handcuff you
- Walking away after being told to stay put
- Verbally arguing with the officer or refusing to follow instructions
- Providing false identification
- Interfering with an arrest of another person (for example, stepping between someone and the officer)
- Running or attempting to escape
What might feel like self-defense or protest in the moment is often interpreted by police and prosecutors as resistance. Even passive resistance, such as going limp or moving slowly, can be charged under Minnesota law.
According to reports, the man in Paynesville Township threatened to use firearms against law enforcement and later fired several rounds of birdshot at officers during a 10-hour standoff. One deputy was hit, though his safety glasses stopped the shot.
The Paynesville Township man eventually surrendered and now faces serious charges, including multiple felony counts of first-degree assault on a peace officer and misdemeanor counts of domestic assault. The incident underscores how quickly a refusal to cooperate can escalate, and how law enforcement treats resistance, especially when weapons are involved.
Is It Legal to Resist an Unlawful Arrest in Minnesota?
Minnesota law does not give you the right to resist, even if you believe the arrest is unlawful. Even passive resistance, like refusing to speak or moving slowly, can result in additional charges.
Rather, courts expect people to comply with police orders and challenge the legality of the arrest afterward in court. The legal system allows people to challenge arrests through motions, hearings, and civil suits, not at the time of the arrest, and not through physical resistance.
This can be frustrating, especially if you’re innocent or if you feel targeted. However, pushing back during the arrest itself will make things worse.
What Happens If You Resist Arrest in Minneapolis?
To convict someone of resisting or obstructing arrest, prosecutors must show that the officer was performing official duties, the person knew they were an officer, and the actions were intentional. Nervousness or confusion isn’t a full defense, but it can be a factor if your behavior wasn’t deliberate.
In some cases, what you say during the arrest can work against you, especially if it sounds confrontational or defiant. Officers often wear body cameras, and prosecutors may use those recordings in court. What feels like venting may later be framed as aggression or intent to resist. Staying quiet and keeping your movements minimal is often your safest bet.
Penalties for Refusing Arrest
If you are charged with resisting arrest in Minnesota, the penalties you face depend on the nature and seriousness of your actions. Legal consequences may include:
Misdemeanor Charges
For lesser offenses, individuals might face up to 90 days in jail and fines reaching $1,000.
Gross Misdemeanor Charges
A more serious form of the offense can lead to up to 1 year in jail and fines of up to $3,000.
Felony Charges
When the resistance involves violent or dangerous behavior, such as using or threatening to use a weapon, the charge can be elevated to a felony. Felony charges can result in imprisonment from 3 to 7 years and fines up to $14,000.
The severity of the penalty depends on your actions. Using or threatening force, especially with a weapon, elevates the charge to a felony. More serious charges carry long-lasting consequences, including loss of gun rights and voting rights, job restrictions, and immigration complications.
These penalties are in addition to punishment tied to the original reason for the arrest. Even if that charge is dropped later, the resisting charge can still stick.
What Should You Do If You’re Placed Under Arrest?
Nobody plans to get arrested. But if it happens, your best bet is to stay calm. Here’s what helps:
- Don’t run
- Don’t argue
- Don’t resist physically
- Ask if you are free to leave
- Remain silent, except to say you want a felony lawyer in Minneapolis
It’s okay to assert your rights. However, such assertions must be done respectfully and without interference. Anything else can give the officer more legal ammunition, and it will likely be used against you in court.
The recommended approach is simple: comply with the officer’s instructions at the time of arrest. Although it may feel counterintuitive, especially if you believe law enforcement is violating your rights, resisting only serves to compound the situation. Once you are in custody, your legal team can challenge the arrest’s legality, assert any constitutional violations, and seek to have unlawfully obtained evidence suppressed.
For instance, the actions during the Paynesville Township incident, where tension escalated to a point where firearms were brandished, could have been less volatile. Instead, his refusal to cooperate not only intensified the immediate danger, but may also result in charges that will follow him for years. In a similar vein, if you are involved in a comparable scenario, remaining compliant is the best strategy for minimizing harm in the long run.
Defending Against Refusal-to-Comply Charges
Facing charges related to resisting arrest is not only stressful but also complex. Minnesota law is strict about upholding the sanctity of a law enforcement officer’s duty, and the statutory language provides little room for ambiguity. However, every case is unique, and there are several factors that an experienced criminal defense attorney will scrutinize when preparing your defense:
- Evaluating the Officer’s Actions: One important aspect is determining whether the officer’s actions during the arrest were justified. If the officer overstepped their authority or used excessive force, those facts could be instrumental in developing your defense.
- Clarifying Intent: To secure a conviction, the state must prove that you intentionally interfered with the officer’s duties. Evidence that you were confused, frightened, or otherwise not acting with deliberate intent can sometimes be introduced to mitigate the charges.
- Procedural Failures: Any deviation from the legal requirements by law enforcement during the arrest process—such as a lack of clear, lawful authority—might be grounds for dismissing or reducing the charges.
- Consequential Impact: A criminal conviction for resisting arrest doesn’t just add a charge to your record; it can lead to collateral consequences, like loss of gun rights, voting restrictions, employment challenges, and difficulties with immigration status.
Given these complexities, it is essential to have a legal advocate who understands the intricacies of Minnesota law and can assert your rights in court.
Arrested in Minnesota? Talk to a Defense Attorney Today
If you’ve been arrested and charged with obstruction, fleeing, or resisting in Minnesota, don’t wait. These charges can snowball quickly, especially when paired with other offenses.
At Keller Law Offices, we represent people facing criminal charges throughout Minneapolis and the surrounding areas. We understand how fast a situation can escalate and how intimidating the legal process can be. Let us review your case, explain your options, and fight to protect your future. Call 952-913-1421 today for a free consultation.
