Charged With Resisting Law Enforcement in Indiana: When is it a Misdemeanor vs a Felony?

Indiana law defines resisting law enforcement — commonly called resisting arrest — in Indiana Code 35-44.1-3. That chapter covers detention-related offenses as a group, so alongside resisting you'll find the statutes on disarming a law enforcement officer, refusing to aid an officer, and escape. Prosecutors sometimes stack charges from within this chapter, which means a single encounter with police can produce multiple counts. For more on the legal issues discussed here, see our Indiana criminal defense overview and Do Police Have to Read Your Miranda Rights in Indiana? guide.

If you're facing a resisting charge — or any detention-related offense — the time to bring in a defense attorney is now, before decisions get made that limit your options. Mo AlMahareeq investigates the state's case from day one: what the officers claimed, what the body cameras actually show, and whether the arrest itself holds up. From there, he'll walk you through every option and build a defense strategy aimed at protecting your record, your license, and your future.

Call Mo today at (347) 889-4944 or complete our contact form to schedule a free consultation.

Resisting Law Enforcement as a Misdemeanor

Under Indiana Code 35-44.1-3-1(a), it is a Class A misdemeanor for a person to knowingly or intentionally:

- Flee from law enforcement after the officer has, by visible or audible means — including the use of a siren or emergency lights — identified themselves and ordered the person to stop; - Forcibly resist, obstruct, or interfere with a law enforcement officer lawfully engaged in the execution of the officer's duties; - Resist, obstruct, or interfere with a person assisting the officer in the execution of those duties; - Obstruct the service or execution of a civil or criminal process or court order.

Additionally, Indiana Code 35-44.1-3-1(b) makes it a Class B misdemeanor to interfere with public safety personnel. Specifically, a person commits this offense by knowingly or intentionally entering an area cordoned off with barrier tape or other physical barriers after being denied entry by a firefighter, emergency medical provider, or law enforcement officer.

Resisting Law Enforcement as a Felony

While many instances of resisting law enforcement are charged as criminal misdemeanors in Indiana, certain aggravating factors elevate the offense to a felony.

A person may be charged with a Level 6 felony in Indiana for resisting law enforcement if they:

- Draw or use a deadly weapon during the offense; - Inflict or cause bodily injury to another person; - Flee from law enforcement in a vehicle; - Operate a vehicle in a manner that creates a substantial risk of bodily injury to another person.

Additionally, a Level 6 felony applies if: (1) the person forcibly resists, obstructs, or interferes with law enforcement or related legal processes; and (2) creates a substantial risk of bodily injury; and (3) has two or more prior unrelated convictions for resisting law enforcement. Fleeing on foot or in a vehicle with two or more unrelated prior convictions for resisting arrest also qualifies for Level 6 felony prosecution.

More serious outcomes lead to further sentence enhancements:

- A Level 5 felony applies when the person causes serious bodily injury to another while committing the offense, or uses a vehicle to commit the offense and has a prior, unrelated conviction for the same conduct involving a vehicle. - A Level 3 felony is charged if the person's actions while committing the offense result in the death or catastrophic injury of another person. - A Level 2 felony is the highest level of enhancement under this statute. It applies when the defendant's conduct causes the death or catastrophic injury of a firefighter, emergency medical provider, or law enforcement officer who was engaged in official duties at the time.

These enhanced felony levels underscore the seriousness with which Indiana treats threats to public safety during encounters with law enforcement.

Penalties for Resisting Law Enforcement in Indiana

Felony resisting charges in Indiana carry a complication that catches many defendants off guard: mandatory minimum executed sentences. While Indiana's sentencing ranges normally give judges broad discretion — including the ability to suspend part or all of a sentence — certain felony resisting convictions require actual time that cannot be suspended. The judge's hands are tied, no matter how sympathetic the circumstances.

Whether a mandatory minimum applies, and how long it runs, depends largely on your criminal history — specifically, whether you have prior unrelated convictions for resisting law enforcement. A first-time offender and someone with a prior resisting conviction can face very different floors, even when charged at the same felony level.

And if the charge involves fleeing in a vehicle, the consequences follow you out of the courtroom: a conviction for felony resisting with a motor vehicle can also trigger suspension or revocation of your Indiana driver's license. For anyone who drives to work — or drives for work — that collateral penalty can hurt as much as the sentence itself.

Defenses for Resisting Law Enforcement in Indiana

Indiana Code 35-44.1-3 doesn't just define the offense — it also builds in specific statutory defenses that many people charged with resisting have never heard of.

The school resource officer exception. A person cannot be charged with resisting law enforcement for fleeing from an officer who is acting in their capacity as a school resource officer. In other words, a student who runs from an SRO in a school setting is not committing the crime of fleeing under this statute.

The family emergency exception. The statute also covers situations where someone enters an area marked off by barrier tape or other physical barriers after being told to stay out. Ordinarily that's a crime — but not if two things are true: the person reasonably believed a family member (a child, grandchild, parent, grandparent, or spouse) was inside the secured area, and that family member had suffered bodily injury or was at risk of it.

Picture a parent pushing past crime scene tape because their child was hurt in the accident on the other side. The law recognizes that instinct and provides a defense for it.

One important limit: the family emergency defense is unavailable to anyone charged as a defendant in connection with the incident that caused the area to be secured in the first place. You can't cause the emergency and then claim the defense for entering it.

Charged with Resisting Arrest in Indiana? Call Mo Today!

If you're facing a resisting law enforcement charge in Indiana — or any offense arising from an arrest or detention — don't wait to get counsel in your corner. Attorney Mo AlMahareeq has defended Hoosiers against these charges and knows how prosecutors build them, and where they fall apart.

The difference between a conviction and a dismissal often comes down to the defense you invest in. Call Mo AlMahareeq Law today at (347) 889-4944 or fill out our online contact form to schedule your free consultation.