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How Resisting the Cops Can Result in a Felony Charge

Any time you refuse or fail to stop when ordered to by police – whether on the street, or when you’re pulled over while driving – you risk being charged with a separate crime. This can happen even if the reason you are stopped would not necessarily result in charges against you. And even if you didn’t think you were the one being told to stop.

Indiana has a law against resisting law enforcement. At its basic level, you can be charged with a Class A misdemeanor if you resist, obstruct, or interfere with police while they are “lawfully engaged” with their duties; or if you flee from police after they have identified themselves and ordered you to stop (that includes notifying you by turning on their vehicle’s siren or emergency lights).

When a Misdemeanor Resisting Charge Becomes a Felony

Charges can easily escalate to the felony level if certain things happen as part of your resisting the police. Here is what it takes to be charged with different felonies:

  • Level 6 Felony: using a vehicle, drawing a deadly weapon, injuring anybody, or driving in a way that creates a substantial risk of bodily injury to someone else while resisting or fleeing
  • Level 5 Felony: operating a vehicle to resist law enforcement in a way that seriously injures someone, or if you have a prior conviction for resisting law enforcement while using a vehicle
  • Level 3 Felony: operating a vehicle to resist law enforcement in a way that causes the death or “catastrophic injury” of someone else
  • Level 2 Felony: operating a vehicle to resist law enforcement in a way that causes the death of a firefighter, EMT, or police officer while they are on the job

There are serious penalties for felony convictions.

  • Level 6 Felony: 6 months to 2-1/2 years
  • Level 5 Felony: 1 to 6 years
  • Level 3 Felony: 3 to 16 years
  • Level 2 Felony: 10 to 30 years

Razumich & Associates Can Defend You Against Charges of Resisting the Police

If you have been charged with resisting law enforcement, particularly if you are facing a potential felony conviction, you need a strong defense. The fact of the matter is that police and prosecutors often “tack on”  resisting law enforcement to other charges in an effort to convince defendants to agree to a plea deal. But in many cases, police and prosecutors do not have the evidence they need to be able to support these kinds of tacked-on charges.

That is why you need the help of an experienced criminal defense attorney. At Razumich & Associates, we understand what prosecutors need to prove in order to convict someone of resisting law enforcement. We also know the games they sometimes play when it comes to charging defendants who either did not resist or who had a legitimate excuse for not stopping for police when the police claimed they ordered them to.

Let us use our years of experience defending clients in courts all across Indiana to help you with your case. Call Razumich & Associates today at 317-983-5333, or fill out our online contact form. We will get in touch with you to discuss the charges you are facing and to explain how we are ready to fight for you!

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