Resisting Law Enforcement Lawyer in Indianapolis
A resisting charge often comes down to seconds of video and an officer's word. I look at both.
Call Wynn. (317) 832-1182
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By Myekeal Wynn, Attorney at Law
What the State has to prove
That you knowingly or intentionally did one of three things:
forcibly resisted, obstructed, or interfered with an officer who was lawfully doing their job,
forcibly resisted, obstructed, or interfered with the service of a court order or process, or
ran from an officer after the officer identified themselves and ordered you to stop.
Sources: Ind. Code § 35-44.1-3-1(a).
"Forcibly" has to mean something
The Indiana Supreme Court has held that refusing to comply with an officer’s order is not, by itself, a crime under this statute. The resistance has to be forcible. The force does not have to be great, and a threatening movement toward an officer can be enough. Whether pulling away is enough is a question of fact.
Sources: Walker v. State, 998 N.E.2d 724, 725, 727 (Ind. 2013).
The officer has to be acting lawfully
Excessive force or an unlawful entry into a home can matter. For a fleeing charge, the order to stop has to be backed by reasonable suspicion or probable cause. Without that, you can walk away.
Sources: Ind. Code § 35-44.1-3-1(a)(1); Gaddie v. State, 10 N.E.3d 1249, 1255 (Ind. 2014).
How serious is it?
Base charge: Class A misdemeanor.
Using a vehicle: Level 6 felony.
Two or more prior convictions: can be a Level 6 felony, depending on the conduct.
Drawing or using a deadly weapon, causing moderate bodily injury, or driving in a way that creates a substantial risk of injury: Level 5 felony.
Serious injury or death: Level 4 to Level 2 felony.
Mandatory time. If a vehicle was used in a felony under this statute, the court must impose at least 30 days with no prior conviction, 180 days with one prior, and one year with two or more. That time cannot be suspended.
Your license. In many vehicle cases, the court can notify the BMV to suspend or revoke your license.
More than one person hurt. Each injured person is a separate offense, and the sentences can run consecutively.
Indiana raised several of these penalties in 2025 and amended the statute again in 2026.
Sources: Ind. Code § 35-44.1-3-1(a), (c)-(i); P.L.218-2025, § 19; P.L.50-2026, § 1.
How I defend you
The video. Body cam, dash cam, and bystander video often tell a different story than the report.
The stop. Was there a lawful reason to stop or arrest you?
The force. Did you actually resist forcibly, or did you just not cooperate?
Trial. I prepare every case for trial, and I am never afraid to try one.
Common questions
Can I be charged with resisting for not cooperating?
Refusing to comply is not enough by itself. The State has to prove forcible resistance, and whether your conduct was forcible is a question of fact.
Is running from the police a felony in Indiana?
On foot, the base charge is a Class A misdemeanor. Using a vehicle makes it a Level 6 felony, and it goes up from there if someone is hurt.
Is there mandatory jail time?
For a vehicle felony under this statute, yes: at least 30 days that cannot be suspended, and more with prior convictions.
Will I lose my license?
In many vehicle cases, the court can notify the BMV to suspend or revoke it.
What if the officer had no reason to stop me?
For a fleeing charge, the order to stop has to rest on probable cause or reasonable suspicion.
Sources: Ind. Code § 35-44.1-3-1; Walker v. State, 998 N.E.2d 724, 725 (Ind. 2013); Gaddie v. State, 10 N.E.3d 1249, 1255 (Ind. 2014).
Related: OWI / DUI defense, warrants, criminal defense.
Don't face this charge alone
Call Wynn. (317) 832-1182