Short Answer
No. In Pennsylvania, you do not have the legal right to physically resist an arrest, even if that arrest later turns out to be unlawful. Resisting arrest is a separate criminal offense and can result in additional charges, penalties, and long-term consequences.
Interactions with law enforcement are often stressful. When emotions are high, especially during protests, demonstrations, or public confrontations, it can feel instinctive to pull away or resist when an arrest seems unfair. Many people believe that if the police are wrong, resistance is justified.
Pennsylvania law does not support that belief.
Resisting arrest is treated as its own criminal offense, regardless of whether the arrest itself was legal. This legal reality surprises many people and leads to unnecessary criminal charges that could have been avoided.
This article explains what resisting arrest means in Pennsylvania, why resisting an unlawful arrest is still illegal, how these charges commonly arise during protests, and what you should do instead to protect your rights. It also explains how an experienced criminal defense attorney can challenge unlawful police conduct in court where it belongs.
What Does Resisting Arrest Mean Under Pennsylvania Law?
Resisting arrest is defined by Pennsylvania law under Title 18 of the Pennsylvania Consolidated Statutes, Section 5104.
A person commits resisting arrest if they intentionally prevent or attempt to prevent a law enforcement officer from making an arrest by using force, threatening force, or creating a substantial risk of bodily injury to the officer. The law also applies if the person’s actions require the officer to use substantial force to complete the arrest.
This definition is broader than many people expect. Resisting arrest does not require striking an officer. It can include actions that interfere with the arrest process.
Examples may include:
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Pulling your arms away while being handcuffed
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Tensing your body to prevent being placed in restraints
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Blocking an officer’s movement
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Attempting to flee after being told you are under arrest
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Physically struggling or refusing to comply with arrest commands
What feels like instinctive behavior can quickly be interpreted as resistance under the law.
Is Resisting Arrest a Separate Charge?
Yes. Resisting arrest is charged separately from the offense that led to the arrest.
This means you can face two different cases at the same time. One case for the underlying offense, such as disorderly conduct or unlawful assembly, and another case for resisting arrest.
Even if the original charge is dismissed or thrown out, the resisting arrest charge can still remain. This is one of the most important and misunderstood aspects of Pennsylvania criminal law.
What Are the Penalties for Resisting Arrest in Pennsylvania?
Resisting arrest is generally graded as a misdemeanor of the second degree.
Potential penalties include:
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Up to two years in jail
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A fine of up to five thousand dollars
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Court costs and supervision fees
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A permanent criminal record
Additional charges, such as disorderly conduct or obstruction, are often filed alongside resisting arrest, increasing the overall exposure.
A criminal record can affect employment opportunities, professional licensing, housing applications, and educational prospects. For many people, the long-term consequences are more damaging than the immediate penalties.
Can You Resist an Unlawful Arrest in Pennsylvania?
No. Pennsylvania courts have consistently ruled that individuals may not physically resist an arrest, even if the arrest is unlawful.
The reasoning behind this rule is based on public safety and legal process. Courts have determined that allowing people to resist arrests they believe are illegal would create dangerous and unpredictable encounters. Instead, disputes over legality must be resolved in court.
This means the proper response to an unlawful arrest is compliance followed by legal action, not resistance at the scene.
Why This Law Matters During Protests and Demonstrations
Resisting arrest charges frequently arise during protests, demonstrations, and civil disobedience actions. These situations are often chaotic, loud, and emotionally charged. Orders may be unclear, and individuals may not realize when an officer has decided to make an arrest.
In protest settings, people are often arrested for:
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Remaining after a dispersal order
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Blocking roadways or entrances
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Alleged unlawful assembly
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Disorderly conduct
When arrests happen quickly or forcefully, instinctive reactions such as pulling away or refusing to comply can lead to additional resisting arrest charges.
Unfortunately, these charges can overshadow legitimate legal arguments about free speech, assembly, or unlawful police action.
Does Police Discretion Affect Resisting Arrest Charges?
Yes. Law enforcement officers have significant discretion when deciding whether to file a resisting arrest charge.
Two people may behave similarly, yet only one is charged. Factors such as perceived attitude, officer interpretation, and the intensity of the situation can influence charging decisions.
This discretion is not always applied evenly, which is why legal challenges after the fact are critical. An experienced criminal defense attorney can review body camera footage, witness statements, and police reports to challenge whether the legal elements of resisting arrest were truly met.
What Should You Do Instead of Resisting Arrest?
If you believe you are being unlawfully arrested, your actions at the moment of arrest matter. The following steps can protect your legal position:
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Remain calm and avoid physical movement that could be seen as resistance.
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Do not argue, pull away, or raise your voice.
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Clearly state that you do not consent to the arrest, but that you are complying.
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Ask if you are under arrest. If not, ask if you are free to leave.
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Do not answer questions or provide statements without an attorney.
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Document everything as soon as possible after the incident, including officer names, badge numbers, locations, times, and witnesses.
Compliance does not mean surrendering your rights. It preserves them.
How an Attorney Challenges an Unlawful Arrest
An unlawful arrest can still have serious legal consequences, but it can be challenged effectively in court.
A criminal defense attorney may challenge:
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Lack of probable cause
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Improper dispersal orders
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Constitutional violations
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Excessive force
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Unlawful detention
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Inconsistent police reports
If successful, these challenges can lead to suppression of evidence, dismissal of charges, or favorable plea negotiations.
These legal battles are far more effective when the case is not complicated by a resisting arrest charge.
Why Experience Matters in Resisting Arrest Cases
Attorney Patrick Nightingale has more than 24 years of experience handling criminal cases in Pennsylvania, including time spent as a prosecutor before transitioning to criminal defense.
That background provides critical insight into how these cases are charged, negotiated, and prosecuted. Patrick understands how prosecutors evaluate resisting arrest allegations and how to expose weaknesses in the state’s case.
Based in Pittsburgh, he represents clients throughout Western Pennsylvania in cases involving protests, unlawful arrests, resisting arrest charges, and other criminal allegations.
Frequently Asked Questions About Resisting Arrest in Pennsylvania
Is resisting arrest a felony in Pennsylvania?
Resisting arrest is generally a misdemeanor of the second degree. It can still carry jail time and a permanent criminal record.
Can I be charged if I did not hit the officer?
Yes. Physical resistance does not require striking an officer. Pulling away or forcing officers to use significant force can qualify.
What if the officer was wrong?
Even if the officer was wrong, resistance is not legally justified. The legality of the arrest is decided in court.
Will a resisting arrest charge affect my record?
Yes. A conviction can appear on background checks and affect employment, housing, and professional opportunities.
Should I talk to police after an arrest?
You have the right to remain silent and should speak with an attorney before making any statements.
Schedule a Confidential Consultation
Being arrested is overwhelming, especially when you believe it should never have happened. Resisting arrest may feel justified in the moment, but it often creates more serious legal consequences.
If you are facing charges related to resisting arrest, protest activity, or unlawful police conduct, it is important to speak with an experienced criminal defense attorney as soon as possible.
Attorney Patrick Nightingale is committed to protecting your rights and holding the state accountable through the legal system.
To schedule a confidential consultation, visit patricknightingale.com or call 412-454-5582.