Resisting arrest and assaulting a police officer are not the same offense in Maryland. Resisting arrest generally focuses on intentionally resisting a lawful arrest, while an assault charge focuses on alleged physical contact, attempted contact, or conduct that satisfies Maryland’s assault laws. Depending on what happened, prosecutors may charge one offense or both. The distinction matters because each charge requires the State to prove different elements.
What Is Resisting Arrest in Maryland?
Under Maryland law, a person may be charged with resisting arrest when accused of intentionally resisting a lawful arrest.
The word lawful matters. The prosecution must establish more than the fact that an officer was trying to take someone into custody. The circumstances of the arrest and the defendant’s alleged conduct both become relevant.
Resisting also generally requires more than verbally objecting to an arrest. These cases often involve allegations of physical resistance, such as pulling away, struggling with officers, or taking other actions intended to prevent the arrest.
Exactly what occurred can be disputed when an encounter unfolds quickly or when several officers are involved.
What Does Assaulting a Police Officer Mean?
Maryland does not treat every assault allegation involving an officer identically. Assault can involve unwanted physical contact, an attempt to make offensive contact, or intentionally causing someone to reasonably fear that harmful contact is about to happen. When the alleged victim is a law enforcement officer performing official duties, the circumstances can result in more serious assault charges.
The focus is on the alleged assaultive conduct rather than simply whether the defendant resisted being placed under arrest. For example, intentionally striking an officer may support an assault allegation even if the conduct did not prevent an arrest.
Can You Be Charged With Both Resisting Arrest and Assault?
Yes. A single encounter may lead prosecutors to allege separate conduct supporting each charge. Someone might be accused of physically resisting officers as they attempt an arrest and then striking or kicking an officer during the struggle.
But the fact that both charges were filed does not mean prosecutors can automatically prove both. What police characterize as an intentional assault may instead have occurred during a chaotic physical struggle, making the sequence of events particularly important.
Is Pulling Away From an Officer Considered Assault?
Not automatically. A person may instinctively pull an arm away, tense their body, lose balance, or move during an encounter with police. Whether that conduct constitutes resisting arrest, assault, both, or neither depends on the circumstances and the person’s intent.
The distinction can be especially important when officers use physical force to restrain someone. Body-camera footage may show whether the defendant deliberately struck an officer or whether the contact occurred as multiple people moved during the arrest.
A police report may describe the officer’s interpretation, but video can provide a more complete view of what actually happened.
What Evidence Matters in These Cases?
Police encounters increasingly produce evidence beyond the officers’ written reports.
Body-camera footage may show the encounter from several perspectives. Nearby surveillance cameras or cellphone recordings may capture additional angles. Medical records and photographs can document injuries to the defendant or officers.
Dispatch recordings, witness accounts, and statements made during or immediately after the arrest may also matter.
The defense can compare this evidence with the charging documents to determine whether the physical actions attributed to the defendant actually occurred as described.
What Defenses May Apply?
Resisting arrest and assaulting a police officer require the State to prove different elements, so the available defenses depend on the specific allegations. Potential defenses may include:
- The arrest was unlawful: Because resisting arrest requires a lawful arrest, the defense may challenge whether officers had a valid legal basis to take you into custody.
- You did not intentionally resist: Pulling away reflexively, losing balance, or moving during a physical struggle may not establish intentional resistance.
- Physical contact was accidental: Contact with an officer can occur unintentionally during a fast-moving encounter involving several people.
- You lacked the intent required for assault: The circumstances may not support the State’s claim that you deliberately struck, threatened, or attempted to harm an officer.
- The evidence contradicts the officer’s account: Body-camera footage, surveillance video, witness statements, or medical evidence may show that events unfolded differently from what is described in the police report.
When both charges arise from the same encounter, reconstructing the sequence of events can help determine which allegations the evidence actually supports.
Arrested After an Encounter With The Police? We Can Help.
Resisting arrest and assaulting a police officer may arise within seconds of each other, but Maryland law treats them as distinct allegations. If a difficult encounter with police has resulted in resisting arrest or assault charges in Maryland, turn to Hartman Attorneys at Law.
We can review the body-camera footage and other evidence, identify where the officer’s account may be disputed, andand determine whether the evidence actually supports resisting arrest, assault, both charges, or neither. Schedule a confidential consultation today.