The ORS Resisting Arrest Guide: What It Is & Penalties

Getting arrested is obviously stressful—but how you react in that moment can make things so much worse. Under ORS Resisting Arrest, even pulling away or tensing up can lead to additional charges. You don’t have to throw punches to be accused of resisting. It happens fast, and many people don’t even realize they’ve crossed the line until it’s too late. 

What is Resisting Arrest in Oregon? 

Resisting arrest in Oregon means you're trying to stop a police officer from lawfully arresting you. This can include running away, using physical force, or even just struggling while handcuffed. Just refusing to cooperate physically is enough to cause trouble for yourself. 

Is Resisting Arrest a Felony? 

While it's not automatically a felony, things can escalate, and it could eventually get to that. If resisting arrest involves assaulting an officer, using a dangerous weapon, or causes serious injury, additional felony charges—like assault or interfering with a peace officer—can be stacked on. So, even though ORS Resisting Arrest itself is a misdemeanor, your actions at the moment can push things into felony territory. 

Can You Resist an Unlawful Arrest in Oregon? 

Using physical force to resist an arrest is prohibited, regardless of whether the arrest is lawful or unlawful. This means that even if you believe the arrest is unjustified, physically resisting can lead to additional charges.

Penalties for Resisting Arrest in Oregon 

In Oregon, resisting arrest is a Class A misdemeanor. A Class A misdemeanor is the highest level of misdemeanor in the state. If convicted, you could face up to 364 days in jail and fines up to $6,250. That’s on top of any penalties for the original charge that led to the arrest. 

Can You Fight a Resisting Arrest Charge in Oregon? 

Yes, you can contest a resisting arrest charge in Oregon by looking into several legal defenses. We highly recommend that you consult with a qualified attorney to assess the specifics of your case and determine the most appropriate defense strategy. 

Key Defense Strategies:

1. Lack of Intent: Oregon law requires that the resistance be intentional. If your actions were accidental or misunderstood, this could serve as a defense. 

2. Unawareness of Officer's Status: If you were unaware that the person attempting the arrest was a law enforcement officer, especially in cases involving plainclothes officers or unclear identification, this might be a valid defense. 

3. Definition of "Resisting": The law specifies that "resisting" involves the use or threatened use of violence, physical force, or any means creating a substantial risk of physical injury. Passive resistance doesn’t qualify. Proving that your actions were passive rather than active resistance could be a defense. 

4. Unlawful Arrest with Excessive Force: While Oregon law prohibits using physical force to resist an arrest, if an officer uses excessive force during an unlawful arrest, you may have grounds to challenge the resisting arrest charge. 

The ORS Resisting Arrest Guide Conclusion 

Resisting arrest charges often come from fast, confusing moments where emotions run high. Things can spiral before you realize what’s happening. Sometimes, it's a misunderstanding or a quick reaction during stress. These situations often involve more than what ends up in the police report. Knowing your rights, how the law works, and when an officer may have crossed a line matters. 

If you feel you’ve been wrongly accused of resisting arrest—or if you’re dealing with other legal issues in the Beaverton or Portland area—Powell Law brings the kind of empathy, experience, and dedication you want on your side. We take the time to understand your story and fight for the best outcome.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.