Resisting Law Enforcement in Indiana

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Resisting Law Enforcement Law in Indiana by Criminal Attorney Jeff Cardella

Understanding Resisting Law Enforcement Charges in Indiana

In Indiana, resisting law enforcement is a criminal offense outlined under Indiana Code 35-44.1-3-1. This law covers situations where individuals interfere with police duties, often during arrests, stops, or the serving of legal documents. The statute aims to protect officers and ensure the smooth execution of law enforcement responsibilities, but it also recognizes that not every interaction qualifies as resistance. Charges can range from misdemeanors to serious felonies depending on the circumstances, such as whether a vehicle was involved or if injuries occurred.

Key Elements of the Offense

To prove resisting law enforcement in Indiana, prosecutors must show that the actions were knowing or intentional. This means the person understood their behavior was interfering with an officer’s lawful activities. However, Indiana courts have clarified through various rulings that passive non-compliance or mere disagreement doesn’t always meet the threshold for this crime. For instance, simply questioning an officer or walking away without a clear command to stop may not constitute resistance.

The Three Main Ways to Commit Resisting Law Enforcement in Indiana

Indiana’s resisting law enforcement statute breaks down into three primary categories, each addressing different forms of interference. These distinctions help clarify when everyday actions cross into criminal territory, and understanding them can shed light on potential defenses in real-world scenarios.

• Forcibly resisting, obstructing, or interfering with an officer while they perform their duties.
• Forcibly resisting the service or execution of a court order or process.
• Fleeing from an officer after a visible or audible command to stop, such as lights or sirens.

Each type carries its own nuances, and courts have interpreted them through numerous cases to emphasize that not all resistance involves violence or evasion.

Penalties for Resisting Law Enforcement in Indiana

Penalties vary based on the severity. A basic Class A misdemeanor can result in up to one year in jail and fines up to $5,000. If a vehicle is used or injuries occur, it escalates to a Level 6 felony, with 6 months to 2.5 years in prison. More serious cases, like those causing death, can reach Level 2 felony status, carrying 10-30 years. Additional consequences include mandatory minimum sentences for repeat offenders and potential driver’s license suspension if speeding was involved.

Factors That Escalate Charges

Using a deadly weapon, causing bodily injury, or creating substantial risk can turn a misdemeanor into a felony. In Indianapolis, where traffic stops are common, vehicle-related resistances often lead to enhanced penalties, including license revocation.

Common Defenses Against Resisting Law Enforcement Charges in Indiana

Defenses often hinge on whether the officer’s actions were lawful or if the defendant’s response met the legal definition of resistance. For example, if no forcible action was taken or if the command to stop wasn’t clear, charges may not hold. Indiana case law has established that passive resistance, like refusing to stand immediately, doesn’t always qualify as forcible.

• Lack of forcible action: Courts require evidence of strength or violence, not just non-compliance.
• Unlawful police conduct: While the right to resist unlawful entry into homes is limited, certain scenarios allow challenges.
• No knowledge of officer’s identity: If the person didn’t know they were dealing with police, it may negate intent.

Fleeing from Law Enforcement: Variations in Flight Charges in Indiana

Fleeing, or “flight,” is one of the most common forms of resisting law enforcement in Indiana. It occurs when someone ignores a clear order to stop from an identified officer. Indiana law distinguishes flight based on the method and consequences, with vehicle use automatically elevating the charge to a Level 6 felony. While all vehicle flights start at this level, creating substantial risk or causing injury can influence sentencing or additional charges.

Flight on Foot

This involves running or walking away after an order to stop, without a vehicle. It is typically a Class A misdemeanor. In one Indianapolis bench trial, a client was accused of fleeing on foot during a street encounter. The facts showed officers approached without activating lights or verbally identifying themselves initially. At trial, evidence revealed the client simply continued walking home, unaware of any command. The judge ruled there was no sufficient order to stop, leading to an acquittal.

Flight in a Vehicle

Using a vehicle to flee after signals to pull over elevates the charge to a Level 6 felony, regardless of speed or distance. In practice, many cases involve slow, short-distance driving to buy time. In a Marion County bench trial, a client faced charges for briefly continuing to drive after lights activated. Testimony showed the client was pulling into a well-lit parking lot for safety, not fleeing. The court found no intent to evade, dismissing the charges.

Enhanced Flight in a Vehicle with Risk or Injury

If fleeing in a vehicle creates substantial risk of bodily injury or causes actual harm, it remains a Level 6 felony but can escalate to Level 5 or higher if serious injury or death occurs. In an Indianapolis bench trial, a client was charged after a pursuit where minor property damage occurred. Evidence demonstrated the officer’s initial stop lacked reasonable suspicion, as no traffic violation was observed. The judge determined the flight didn’t meet the elements of creating substantial risk, resulting in a not guilty verdict.

Myths and Realities of Resisting Law Enforcement in Indiana

Many believe any disagreement with police is resistance, but Indiana law requires specific intent and actions. Another myth is that you can always resist an unlawful stop; however, courts emphasize resolving disputes legally rather than on the scene. Realities include the evolution from common law allowances for resistance to modern rules prioritizing safety.

Impact of Resisting Law Enforcement Convictions in Indianapolis

A conviction can affect employment, housing, and driving privileges, especially in urban areas like Indianapolis where background checks are routine. Felony levels may lead to long-term consequences, underscoring the importance of understanding the law’s full scope.

Contact My Office for a Free Consultation

If you have questions about Indiana’s Resisting Law Enforcement law, call me for a free consultation to discuss your case.

Phone: 317-695-7700

Email: jeffcardella@cardellalawoffice.com

Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204

I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:

• Indianapolis, Indiana (for both Criminal Defense and Expungement)
• Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
• Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
• Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
• Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
• Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
• Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
• Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
• Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
• Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)