Common Defenses for Charges of Resisting Arrest

Resisting arrest is a crime sometimes known as “obstruction.” It is interfering with a law enforcement officer’s lawful arrest, and it can be charged as a misdemeanor or a felony. If you have been charged with resisting arrest in New Mexico, consult with an experienced criminal defense attorney as soon as possible to find out what defense could be employed in your case.

Misdemeanor resisting arrest charges involves actions such as running and hiding from an officer who is attempting to arrest you, as opposed to felony resisting arrest charges, which involve violent actions or threats against the resisting officer.

For purposes of resisting arrest in New Mexico, “law enforcement officers” include police officers, sheriffs, and other peace officers. The term may also include prison guards, correctional officers, parole officers, probation officers, and park rangers.

What the Prosecution Must Prove in Felony Resisting Arrest Charges

In order to convict you for resisting arrest, the prosecutor must prove beyond a reasonable doubt certain elements of the offense. These elements are:

• That the defendant acted intentionally to hinder the arrest (although the harm the defendant’s actions caused need not have been intentional);
• That the defendant