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Resisting Arrest – Oregon Defense Attorneys

In Oregon, resisting arrest is a class A misdemeanor. According to ORS 126.315, “A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer making an arrest.” This seems fairly simply, but let’s examine the law further.

Resisting Arrest – Oregon Revised Statute 126.315

Before we can fully understand the meaning of resisting arrest, we must look at the meaning of “arrest” itself. Arrest is covered in ORS 133.005. It reads, in part,

“‘Arrest’ means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A ‘stop’ as authorized under ORS 131.605 is not an arrest.”

So, there are two important takeaways from this section: first, an arrest must be “for the purpose of charging that person with an offense” and “a ‘stop’… is not an arrest.

What is a Stop, Then?

“Stops” are defined in ORS 131.605 and ORS 131.625. ORS 131.605 has this to say about stops:

“A ‘Stop’ is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place.”

What separates a “stop” from an “arrest” is the officer’s intention to take a person into custody for the purposes of charging them with an offense. Without this essential element, a person has simply been “stopped.”

So What About “Resisting?”

Returning to ORS 162.315, we find this helpful and thorough definition of “Resists”:

“‘Resists’ means the use or threatened use of violence, physical force, or any other means that creates a substantial risk of physical injury to any person an includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.”

So, what does that mean for you? Well, in part, it means you might have a defense based on some of the following conditions:

  • If you did not create “a substantial risk of physical injury” with your behavior.
  • If you did not attempt to “overcom[e] the actions of the arresting officer.”
  • If you engaged in “passive resistance”
  • If the situation was a “stop” and not an “arrest.”

Resisting Arrest- Oregon Defense Lawyers

Now that you know a little bit about resisting arrest law in Oregon, it’s time to take the next step. Even though you might think you understand the law, it take the expertise of a Eugene, Oregon defense attorney to build a credible case. Contact Veralrud and Fowler today for a free consultation about your resisting arrest case. They will examine your situation and help you find the defense that works best in your case. Give them a call today. They are here to help with your resisting arrest case in Eugene, Oregon.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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