Resisting Arrest in Maryland
Here is the part most people search for first: Maryland is one of the few states where you can lawfully resist an unlawful arrest. If an officer arrests you without probable cause and without a warrant, Maryland's common law allows you to resist that arrest with reasonable force. The lawfulness of the arrest is not a side issue. When the arrest is made without a warrant, it is an element of the crime that the State must prove.
That said, resisting a lawful arrest is a real charge with real consequences. Under Criminal Law Section 9-408, anyone who intentionally resists a lawful arrest, or interferes with a police officer making a lawful arrest, may be found guilty of a misdemeanor and could face imprisonment of up to three years, a fine of up to $5,000, or both.
At FrizWoods, our Maryland criminal lawyer team builds resisting arrest defenses around that lawfulness question, because it is where these cases are won.
Updated for 2026: What CR Section 9-408 Carries
| Charge | Classification | Maximum penalty |
|---|---|---|
| Resisting or interfering with a lawful arrest (CR Section 9-408) | Misdemeanor | 3 years, $5,000 fine, or both |
Resisting arrest rarely shows up alone. Physical contact with an officer during the encounter is often charged separately as second degree assault on a law enforcement officer, which carries its own exposure on top of the resisting count. Yelling or causing a scene can add a disorderly conduct charge too. How these counts interact matters: if the underlying arrest was unlawful, that defense can reach across the whole case.
Know the Law about resisting arrest!
Maryland law outlines the specific conditions under which a person may be charged with resisting arrest. A person cannot intentionally:
- Resist a lawful arrest.
- Interfere with an individual, knowing they are a police officer, who is making or attempting to make a lawful arrest or detention of another person.
The law emphasizes the legality of the arrest as a key factor determining the validity of the charge. The prosecution must prove that the arrest was lawful, meaning that the officer had probable cause to believe that the defendant had committed a crime, or had a warrant for the person's arrest at the time of their seizure.
Lawful and Unlawful Arrests
A lawful arrest requires that a law enforcement officer has probable cause to believe that an individual has committed a crime. Probable cause is a reasonable belief of guilt, based on facts and circumstances, and is more than mere suspicion but less than the evidence required for conviction.
In Maryland, a valid arrest can be made without a warrant in most circumstances, based on either probable cause to believe that a felony had been committed or the commission of a misdemeanor in the officer's presence.
When the arrest is made without a warrant, the validity of the arrest becomes an element of the crime of resisting arrest that the prosecution must prove. If the arrest is lawful, resistance is unlawful. However, Maryland law allows individuals to resist an unlawful arrest, albeit with reasonable force.
Why Choose FrizWoods?
When dealing with charges of resisting arrest, having a knowledgeable and experienced criminal defense lawyer is crucial. Here's why choosing FrizWoods is in your best interest:
- Expertise: Our attorneys are well-versed with Maryland laws and have a deep understanding of legal procedures concerning resisting arrest charges.
- Personalized Attention: We understand that every case is unique, and we offer personalized legal solutions to meet your specific needs.
- Aggressive Representation: We are committed to providing aggressive representation to ensure the best possible outcome for your case.
- Transparent Communication: We maintain clear and open communication with our clients, keeping them informed at every stage of the legal process.
- Positive Reviews: Don't just take our word for it, check out our client testimonials to hear about the experiences others have had with our firm.
Frequently Asked Questions about Resisting Arrest
Can you legally resist an unlawful arrest in Maryland?
Yes. Maryland's common law preserves the right to resist an unlawful arrest with reasonable force, which makes Maryland unusual among the states. An arrest is unlawful when the officer lacked probable cause and had no warrant. The catch is the word "reasonable": excessive force in response, even to a bad arrest, can create its own charges. Whether the arrest was lawful is decided in court, not on the street, so exercising this right is risky even when you are correct.
Is resisting arrest a felony in Maryland?
No. Resisting arrest under Criminal Law Section 9-408 is a misdemeanor. The maximum penalty is three years of imprisonment and a $5,000 fine. If the encounter involved physical contact with an officer, the State may add a second degree assault charge, which is also a misdemeanor but carries higher exposure.
What is the penalty for resisting arrest in Maryland?
Up to three years in prison, a fine of up to $5,000, or both. If you were recently arrested on a resisting charge, the facts around the arrest itself, especially whether the officer had probable cause, should be reviewed by a lawyer right away.
Can charges be dropped if the arrest was illegal?
Yes, that is a real path. When the arrest was made without a warrant, the State must prove the arrest was lawful as an element of the resisting charge. If the officer lacked probable cause, the resisting charge fails, and evidence gathered from the unlawful arrest may be suppressed, which can undermine any companion charges too.
Is yelling resisting arrest?
Yelling in itself may not constitute resisting arrest, which requires intentional physical resistance or interference. However, the circumstances surrounding the situation could lead to additional charges such as disorderly conduct.
Your Next Step in Resisting Arrest Cases
If you or a loved one is facing charges for resisting arrest in Maryland, it's crucial to act swiftly. The legal team at Friz Woods Law is here to provide the professional legal assistance you need. Contact us today to schedule a free consultation and learn more about how we can assist you in navigating the complex legal landscape surrounding resisting arrest charges.