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Usually, yes. As of October 24, 2024, willfully fleeing or eluding a police officer in a vehicle after a signal to stop is a fourth-degree felony at the base level. It rises to a third-degree felony if the driver was fleeing right after committing a felony, or if the driving caused serious physical harm or a substantial risk of it. Only failing to obey a traffic officer's order without vehicle fleeing remains a first-degree misdemeanor.
The resisting arrest statute applies only to a lawful arrest. If the underlying arrest was not lawful, that can be a defense, because an essential element of the offense is missing. Whether an arrest was lawful depends on the facts, so this is something to review closely with an attorney.
Obstructing official business covers any act, without privilege, that hampers a public official's duties. Resisting arrest is narrower and applies specifically to interfering with a lawful arrest. The two can be charged from the same incident, but they are separate offenses with different elements and penalties.
Basic resisting arrest is a second-degree misdemeanor, punishable by up to 90 days in jail and a fine up to $750. It becomes a first-degree misdemeanor if an officer is physically harmed during the resistance, and a fourth-degree felony if the offender recklessly causes harm with a deadly weapon or brandishes one.
A felony fleeing and eluding conviction carries a class two license suspension, which ranges from three years to life, and the first three years cannot be suspended. The court will not grant limited driving privileges during a felony suspension under this statute. License consequences are a major reason to take these charges seriously.
Common defenses include challenging whether there was a clear signal to stop, whether any interference was purposeful, and whether the arrest was lawful. Constitutional issues such as an unlawful stop, lack of probable cause, or excessive force can lead to suppressed evidence or dismissed charges. The right approach depends on the specific facts of your case.
These charges can carry jail or prison time, fines, a license suspension, and a lasting record, and several of them can be elevated to felonies. A criminal defense lawyer can review the evidence, identify defenses, and work to reduce or dismiss the charge. You can read what our clients say about working with our team.
The prosecution is already building its case. Before you decide anything, get an experienced criminal defense lawyer who will review the evidence, protect your rights, and fight for the best possible result.
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