In Oklahoma, a resisting arrest charge is typically classified as a misdemeanor, specifically a misdemeanor of the second degree. The specific statute that covers resisting arrest in Oklahoma is Title 21, Section 540 of the Oklahoma Statutes. Under this law, it is illegal to knowingly resist, by force or violence, an arrest, attempts at arrest, or detention by a law enforcement officer. This kind of charge can grow out of a simple interaction with Police that goes bad. Perhaps the Police officer at the scene treated the suspect with disrespect or was just generally unpleasant. Still other times it’s a charge that results from a simple misunderstanding that can resolve at court.
Misdemeanor Resisting In Oklahoma
Misdemeanor resisting arrest in Oklahoma is a misdemeanor in the Second Degree. If they receive a conviction, a person could face up to one year in county jail and/or a fine of up to $500. A misdemeanor in the second degree is a type of criminal offense that is less severe than a felony assault on a Police office but more serious than a misdemeanor in the first degree. Although the charge is less severe than a felony a conviction for this charge will appear on your criminal record and could set you back financially for some time.
Resisting Arrest Charge Possible Punishments
It’s important to note that the exact penalties can vary depending on the circumstances of the case and any prior criminal record of the individual involved. Additionally, if the resistance involves the use of a dangerous weapon, it can lead to more severe charges and penalties.
The sentencing range for a Misdemeanor in the Second Degree in Oklahoma typically includes a maximum punishment of up to one year in county jail and/or a fine of up to $500. However, it’s essential to understand that the actual sentence can vary depending on various factors, including the specific statute violated, any prior criminal history, and the judge’s discretion.
Some Defense Available To You
There are several potential defenses that you can raise when facing a resisting arrest charge. Keep in mind that the viability of these defenses may depend on the specific facts of your case. An example of some defenses is self defense, unlawful arrest and a lack of knowledge. More importantly the first thing to remember is a good basic defense can be defeated by statements you make to the Police at the scene or in the jail. This is why my first advice to people being questioned by the Police is that they remain silent. It’s amazing how good the Police are at extracting information they later use against you.
Tulsa Criminal Lawyers Fighting For You
A resisting arrest charge is the kind of crime the Police like to bring. They do this because they feel its your word against theirs and easer to prove. Most times they figure they can get you to plea the case out. without a question. You don’t have to take this kind of criminal charge alone. The Oklahoma attorneys at Tulsa Criminal Lawyers Law Firm know how to handle this and all other kind of crimes. Get the legal edge that helps you come out a winner. Call us today at 918.416.0358 or Ask a criminal defense attorney an online legal question.