Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.
Understanding the difference between resisting and refusing arrest can help you avoid actions that may aggravate your interactions with a police officer. It’s a good practice to remain calm during an arrest and involve a criminal defense lawyer. The lawyer will help address your legal situation while protecting your rights at every step.
At Keller Law Offices, we have criminal defense lawyers who understand both the prosecution and defense sides. Call (952) 913-1421 to discuss your legal situation with Max Keller.
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How Minnesota Law Distinguishes Refusing Arrest vs. Resisting Arrest
There’s a difference between resisting and refusing arrest. Under Minnesota law, resisting arrest occurs when someone obstructs, hinders, or prevents police officers from making an arrest. Resisting arrest is an isolated offense. Therefore, a law enforcement officer can charge you for resisting arrest even if the initial charge is dismissed.
Resisting arrest encompasses a broad range of actions. They include physically pushing a police officer, refusing to surrender or be handcuffed, or using other passive ways to prevent an arrest.
Refusing arrest, on the other hand, refers to statements or actions that obstruct the legal process without using physical force. But the absence of physical resistance doesn’t exempt you from legal prosecution. For example, running away from the police during an arrest is treated as refusing arrest. Other actions that count as refusing arrest include providing false identification and walking away after being ordered not to move. Like resisting, refusing arrest is a separate criminal charge.
Legal Penalties for Resisting or Refusing Arrest in Minnesota
The legal consequences imposed on individuals who refuse or resist arrest depend on the severity of the case. A person who has physically assaulted an officer will receive harsher penalties than someone who has simply uttered verbal statements.
Refusing or resisting arrest can be classified as a misdemeanor, gross misdemeanor, or felony. Misdemeanors include low-level resistance. If charged with a misdemeanor, you risk spending up to 90 days in prison or a fine of $1,000. A gross misdemeanor is a more serious charge. It carries up to one year in jail or a $3,000 fine.
Your refusal or resistance to arrest can also be treated as a felony. This is especially true if your encounter with the arresting officer results in an aggravated altercation. You might face felony charges if you physically assaulted an officer, causing death, serious injury, or property damage. A felony carries up to five years in jail, a fine of $10,000, or both.
What to Do After Getting Arrested in Minnesota
There’s been a growing tension between members of the public and the police in recent years. A 2023 report by the Department of Justice cited violations of civil rights by the Minneapolis Police Department (MPD) and the City of Minneapolis. It’s, therefore, understandable to feel anxious during police interactions.
Nonetheless, knowing what to do if you’re arrested can help you avoid violating the law. Keep the following in mind when you encounter the police:
- Remain where you are; don’t run
- Don’t yell or argue with the police
- Don’t use physical force to resist an arrest
- If you think the officers have nothing on you, ask politely if you’re free to leave
- Don’t say a thing except requesting a call to your criminal defense attorney
When to Contact a Criminal Defense Lawyer After an Arrest in Minnesota
It’s advisable to contact a criminal defense lawyer immediately after you’re arrested. Don’t resist when you’re being handcuffed. Once you’re in police custody, you can request to call your defense attorney. You can then remain silent and wait for your lawyer to legally fight for your rights.
Everyone arrested for allegedly committing a crime has the right to legal representation. Assert your rights when arrested, regardless of whether you are innocent. However, do it respectfully. If you can’t afford a private attorney, the court will provide an attorney for you.
Retaining private legal services can help protect your constitutional rights. The lawyer will provide personalized services, dedicating his or her legal skills, experience, and resources to defending you. There’s a higher probability of winning your case with a private criminal defense lawyer than with a court-appointed public advocate.
A Minnesota criminal defense lawyer will review the case. They will challenge the resisting or refusing arrest charges if the lawyer finds:
No Probable Cause
The arresting officer must have reasonable cause to suspect you committed a criminal act before arresting you. If the officer can’t base your arrest on a legal standard, your lawyer will challenge the arrest’s legality. That’s done by filing a motion to dismiss, which means having all the charges dropped.
Procedural Violations
There’s a legal procedure that law enforcement officers must follow when making arrests. For example, they must read you your Miranda Rights and ensure you understand what they mean. They must also have a court-issued warrant before searching or seizing property. Your lawyer may file a motion of evidence suppression or case dismissal if they discover a procedural violation.
Excessive Use of Force
Police officers must act within the law and avoid resorting to unnecessary force. Your lawyer can weaken the prosecution case and push for a case dismissal if the lawyer finds out that the police used excessive force. Bodycam footage, video clips from nearby security or surveillance cameras, and witness statements can help prove excessive use of force by the police.
Criminal defense lawyers at Keller Law Offices can offer you effective legal support and representation if you have been accused of refusing or resisting arrest in Minnesota. We will invest time and resources to protect your constitutional rights. Contact us today for a free, no-obligation consultation.
