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RESISTING LAW ENFORCEMENT

CRIMINAL DEFENSE

Have you recently been charged with Resisting Law Enforcement?  Are you worried about what may or may not happen to you?  Do you need legal advice?    Click here to request a consultation!

 

Indiana Code 35-44.1-3-1 Resisting Law Enforcement

A person who knowingly or intentionally forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties; forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop commits resisting law enforcement, a Class A misdemeanor.

 

The offense is a Level 6 felony if the person uses a vehicle to commit the offense; or while committing the offense, the person draws or uses a deadly weapon, inflicts bodily injury on or otherwise causes bodily injury to another person, or operates a vehicle in a manner that creates a substantial risk of bodily injury to another person.

 

The offense is a Level 5 felony if, while committing the offense, the person operates a vehicle in a manner that causes serious bodily injury to another person.

 

The offense is a Level 3 felony if, while committing the offense, the person operates a vehicle in a manner that causes the death of another person.

 

The offense is a Level 2 felony if, while committing any offense of forcible resisting or fleeing on foot, the person operates a vehicle in a manner that causes the death of a law enforcement officer while the law enforcement officer is engaged in the officer's official duties.

 

If a person uses a vehicle to commit a felony offense above, as part of the criminal penalty imposed for the offense, the court shall impose a minimum executed sentence of at least thirty (30) days, if the person does not have a prior unrelated conviction under this section; one hundred eighty (180) days, if the person has one (1) prior unrelated conviction under this section; or one (1) year, if the person has two (2) or more prior unrelated convictions under this section.  The mandatory minimum sentence imposed under subsection (d) may not be suspended.

 

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