Resisting Arrest Charges in Tennessee

Nashville Resisting Arrest Defense Lawyers

Resisting arrest charges in Tennessee arise when law enforcement alleges that a person intentionally prevented or attempted to prevent an officer from making a stop, frisk, search, or arrest. These cases often occur during tense, fast-moving encounters where emotions are high and communication breaks down.

Many people charged with resisting arrest did not believe they were resisting at all. In many situations, the charge is based on alleged physical movement, pulling away, or verbal protest rather than violence. Despite this, prosecutors frequently file resisting arrest charges alongside other offenses to increase leverage and potential penalties.

At Freeman & Fuson, we understand that resisting arrest cases often depend on officer interpretation and credibility. Our attorneys carefully review body-camera footage, witness accounts, and the legality of the underlying police action.

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What Is Resisting Arrest Under Tennessee Law?

Resisting arrest is governed by Tennessee Code Annotated § 39-16-602. Under this statute, a person commits resisting arrest when they intentionally prevent or attempt to prevent a law enforcement officer from effecting:

• A stop
• A frisk
• A halt
• An arrest
• A search
  

The statute applies even if the arrest or stop later turns out to be unlawful, which makes these cases particularly complex.

Elements the State Must Prove

To obtain a conviction for resisting arrest, the State must prove beyond a reasonable doubt that:

• A law enforcement officer was attempting to effect a stop, arrest, or search
• The defendant knew the person was a law enforcement officer
• The defendant intentionally resisted, obstructed, or prevented the officer’s actions
  

Accidental movement, confusion, or reflexive reactions may not meet the legal standard.

Penalties for Resisting Arrest in Tennessee

Resisting arrest is typically charged as a Class B misdemeanor.

Potential consequences may include:

• Jail time
• Fines and court costs
• Probation
• Community service
• A permanent criminal record
  

Although classified as a misdemeanor, the charge can still have lasting effects.

Common Situations Leading to Resisting Arrest Charges

Resisting arrest charges often arise from:

• Physical struggles during handcuffing
• Pulling away or stiffening arms
• Verbal protests interpreted as obstruction
• Misunderstandings during traffic stops
• Situations involving alcohol or heightened emotions
  

These cases frequently rely on officer testimony and body-camera footage.

How We Defend Resisting Arrest Charges

At Freeman & Fuson, defense strategies may include:

Many resisting arrest cases can be reduced or dismissed with effective advocacy.

Collateral Consequences of a Resisting Arrest Conviction

A conviction for resisting arrest can result in:

• Employment and background check issues
• Professional licensing concerns
• Enhanced treatment in future cases
• Increased scrutiny by law enforcement
  

Avoiding a conviction can be important to protecting your record.

Why Legal Representation Matters in Resisting Arrest Cases

Resisting arrest charges often depend on split-second interpretations and officer discretion. Early involvement by a criminal defense attorney can help preserve evidence, challenge improper police conduct, and prevent overcharging.

An attorney can analyze video evidence, challenge credibility issues, and work toward the best possible outcome.