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A resisting law enforcement charge is often added to another case after a tense encounter with police, and it can quickly become the most serious charge in the file. Resisting law enforcement in Indiana covers knowingly or intentionally forcibly resisting, obstructing, or interfering with an officer who is lawfully doing their job, forcibly resisting the service of legal process, or fleeing from an officer after being identified and ordered to stop. That includes running from police on foot and fleeing in a vehicle.
Resisting law enforcement is generally a Class A misdemeanor, carrying up to a year in jail and a fine of up to 5,000 dollars. It becomes a Level 6 felony, carrying six months to two and a half years, when a vehicle is used to commit the offense, which covers most vehicle pursuits, and it can be charged at higher levels when someone is injured or killed during the offense, with the most serious levels reserved for cases involving the death or catastrophic injury of another person or an officer. A conviction involving a vehicle can also lead to a driver’s license suspension. Because resisting is so often charged alongside other offenses, like OWI, drug possession, or battery, it can raise the stakes of a case considerably.
These cases often turn on video and on what the state can prove about force and lawfulness. The defense may focus on whether the officer was lawfully performing their duties, whether the person actually knew they were being ordered to stop, and whether the conduct was truly forcible. Indiana courts have held that forcible resistance requires more than passive non-cooperation, like going limp or pulling an arm away without real force. In vehicle cases, the defense may examine whether the officer’s lights and siren were visible and audible, whether the driver had a safe place to stop, and whether the pursuit was even necessary. Body camera and dashcam footage often tells a different story than the police report.
At RileyCate, we defend resisting law enforcement charges on foot and in a vehicle, often as part of a broader defense of the other charges in the case. Depending on the evidence, a resisting charge may be dismissed, reduced, or taken to trial.
Resisting cases depend on video, officer testimony, and the details of a fast-moving encounter, which call for attorneys ready to challenge that evidence in front of a jury. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with resisting law enforcement, the video evidence in your case should be reviewed as soon as possible. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a defense attorney.
