Resisting arrest in Tennessee is generally a Class B misdemeanor when a person intentionally prevents or obstructs a known law-enforcement officer from effecting a stop, frisk, halt, arrest, or search by using force against the officer or another person. If a deadly weapon is used, the offense is a Class A misdemeanor.
One of the most important points is that Tennessee resisting arrest requires force. Merely arguing with an officer, refusing to answer questions, or passively failing to cooperate does not automatically satisfy the statutory elements. The exact physical conduct and the legality and nature of the officer’s action should be examined carefully.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is Resisting Arrest in Tennessee?
Tennessee Code Annotated § 39-16-602 makes it an offense to intentionally prevent or obstruct a person known to be a law-enforcement officer, or someone acting at the officer’s direction, from effecting a stop, frisk, halt, arrest, or search by using force against the officer or another.
The statute therefore requires both intentional obstruction and the use of force.
Does the State Have to Prove Force?
Yes. Tennessee appellate decisions describe force as an element of resisting arrest under § 39-16-602(a).
Body-camera video can be critical in determining whether the accused actually used force or whether the encounter involved only words, hesitation, pulling away, passive conduct, or some other action.
What Does 'Force' Mean?
Tennessee broadly defines force as compulsion by use of physical power or violence. Whether particular movements amount to statutory force depends on the evidence and context.
The officer’s description should be compared with video, witnesses, injuries, and the physical circumstances.
Is Running Away Resisting Arrest?
Running can support a separate evading-arrest charge when the statutory elements are met, but resisting arrest and evading arrest are different offenses. Resisting arrest requires the use of force against an officer or another person.
Tennessee appellate courts have specifically distinguished the elements of misdemeanor evading arrest from resisting arrest.
Is Pulling Away From an Officer Resisting Arrest?
It can be, depending on the degree and nature of physical force used. Not every movement during an arrest necessarily proves the statutory offense.
Video evidence is often the best way to evaluate whether the conduct actually prevented or obstructed the officer through force.
What Is the Punishment?
Ordinary resisting arrest under subsection (a) is a Class B misdemeanor, carrying up to six months in jail and a fine of up to $500 under Tennessee’s general misdemeanor sentencing statute.
If a deadly weapon is used, resisting arrest is a Class A misdemeanor with greater maximum punishment.
Can You Resist an Unlawful Arrest?
Tennessee law substantially limits the ability to use force against law enforcement even when a person believes police action is unlawful. The safer legal remedy is generally to challenge the stop, search, or arrest in court rather than physically resist.
The legality of the officer’s conduct can still matter to suppression, other charges, civil remedies, and the overall defense.
What If the Officer Used Force First?
The sequence of events matters. The defense should review whether the accused intentionally used force to obstruct the officer, whether movements were defensive or involuntary, and whether police force affected what happened.
Body-camera, surveillance video, photographs, medical records, and witness testimony can be important.
Can Resisting Arrest Be Charged With Other Offenses?
Yes. It is frequently charged alongside DUI, disorderly conduct, assault, evading arrest, drug offenses, or the offense that led officers to initiate the stop or arrest.
Each charge has separate elements, and dismissal of one does not automatically dismiss the others.
Can a Resisting Arrest Charge Be Dismissed?
Yes. The charge can be challenged when the State cannot prove force, intent, knowledge that the person was an officer, or another required element.
Contradictions between the police report and video can be especially important.
What Evidence Should Be Preserved?
Obtain body-camera and dash-camera footage, nearby surveillance video, dispatch records, photographs of injuries, medical records, witness information, and all officer reports.
Video should be preserved quickly because third-party surveillance may be overwritten.
Why Does a Misdemeanor Resisting Charge Matter?
A conviction can carry jail exposure and can affect employment, licensing, future criminal cases, and how later encounters with law enforcement are viewed.
The defense should therefore focus closely on the statutory force requirement rather than treating the charge as an unavoidable add-on to an arrest.
Frequently Asked Questions
Is resisting arrest a felony in Tennessee?
Ordinary resisting arrest is generally a Class B misdemeanor. Use of a deadly weapon elevates it to a Class A misdemeanor.
Do you have to use force to resist arrest?
Yes. The resisting-arrest provision requires force against the officer or another person.
Is running from police the same as resisting arrest?
No. Running can implicate evading-arrest law, which has different elements.
Can body-camera footage help?
Yes. It can show the physical encounter, officer commands, the sequence of force, and whether the written report accurately describes what occurred.
Can resisting arrest be dismissed even if another charge remains?
Yes. Each offense has separate elements and can be evaluated independently.
Talk With a Nashville Criminal Defense Lawyer
The exact facts, evidence, criminal history, and Tennessee law can materially change the outcome of a criminal case. A charge should be evaluated on its actual elements and proof rather than the label alone.
Kevin Kennedy Law Firm represents people facing criminal charges in Nashville and Middle Tennessee.