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