Resisting Arrest

What is Resisting Arrest

Definition: Section 129 of the Criminal Code of Canada defines resisting arrest as a form of obstruction. Specifically, it means resisting or willfully obstructing a police officer in the lawful execution of their duty (which includes making an arrest).

Important Points

“Resisting” usually involves physical action: trying to break free from an officer, pushing them away, or running off.
Lawful arrest is key – police must have grounds to arrest, and follow correct procedures for the resistance to be a crime.
You can’t be charged for resisting an unlawful arrest, but what’s considered ‘unlawful’ is complex.

Common Evidence:

Police officer’s testimony about how they were obstructed.
Witness statements (from another officer or civilian) of your physical resistance.
Dashboard or body camera recordings.
Evidence of injuries (on the officer or yourself) if a struggle occurred.

Penalties for Resisting Arrest

Resisting arrest is a hybrid offence, meaning the Crown decides how to proceed:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often when the resistance caused injury or led to escape.

Maximum Penalty: Up to 2 years in prison.

How We Can Help

Securing Your Release: An arrest for resisting arrest often involves a bail hearing. It can be difficult to get bail, but we’ll fight for your release on reasonable conditions.

Fighting the Charges: Every resisting arrest case turns on the specific facts. We’ll look closely to build a strong defence:

The officer wasn’t making a lawful arrest (lacked grounds, or procedural errors).
Your actions were reasonable self-defence against excessive force by the officer.
Evidence is insufficient to prove you resisted, or to show your actions were intentional.

Frequently Asked Questions

Can I just walk away if I don't think that the arrest is legal?

Generally, no. The complexity of what’s a “lawful arrest” is why you need immediate legal advice, not trying to assess this yourself in the moment.

Does it matter if I didn't hurt the officer?

It’s a factor in the Crown’s case, but even attempted resistance if forceful enough could be sufficient.

What's the difference between resisting arrest and assaulting a police officer?

Assault focuses on intentionally causing harm or injury to the officer, resistance focuses on simply trying to evade or escape the arrest.

Let's Talk About Your Case

Resisting arrest cases are complex and often emotionally charged for those involved. The potential for jail time, even on a first offence, is significant. Don’t leave your future to chance, contact us as soon as possible for a free case review to discuss your situation and potential defences.

Free Confidential & Detailed Case Review

Other administration of justice Offences

Successful Cases

View Our

Successful Cases

We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.

Client Reviews

Ishan Sharma is extremely professional and was very helpful on this personally difficult journey. I highly recommend LawStop l Lawyers & Notaries for their outstanding services. Their team is exceptionally knowledgeable, responsive, and professional. Ishan guided me through every step, ensuring a smooth process and achieving a positive outcome for my case. I'm grateful for his expertise and commitment to excellence

Thanku so much Ishan for helping me out. The process was extremely smooth and efficient. He is not at all greedy or try to threaten you like other adv do, instead he guides the right and easiest way to solve the case. The only issue was late replies but that’s okay things take time. All in all, really trustworthy and helpful. Thanks

The process was exceptionally smooth, efficient and upmost proffesional. Legal advise was direct and precise, intelligents, intelligensts again, I would advice Ishan to anyone for legal matters. Ishan is exceptionaly detailed. Truly outstanding work, I would recommend Ishan Sharma to anyone that is in search of legal advice.

I learned about lawstop from my online search.I dealt with Ishan Sharma for my charges. He helped me with getting my charges dropping. He was very helpful and friendly throughout the process. His Fees was also very competitive. Highly recommended 10/10. Thankyou Ishan I really appreciate it 🙏🏻.

Hiring Ishan to represent me was the best decision ever. Being a thorough professional, he guided me through the most challenging times of my life. Seeing how anxious I was, he guided me with great patience and was above all, very considerate. I would highly, without a doubt, recommend him & his team to anyone that’s looking for honest, reliable yet diligent professionals.

Ishan listens to you patiently, engages himself in your situation and gives a professional advice. He is very much calm, responsive and great to work with.

I strongly recommend LAW STOP for all legal matters. Specially ISHAN SHARMA, who is very knowledgeable and dedicated to his profession. He handled my legal matter in a very professional manner and advised me very well. He is very humble and kind person who took extra care and make me feel very comfortable. His patience and hard work is really admirable. Special thanks to Ishan for his timely answer to my phone calls and messages. Great recommendations for LAW STOP and the lawyer - ISHAN SHARMA

Ishan is great. He helped me in the case which seemed impossible to me to be resolved but he did it.Most importantly the fees he charged was also affordable. Thanks for being so trustworthy and giving your best.

Mr. Ishan is an exceptional lawyer and very knowledgeable. Always responds in a timely manner. I had 2 very bad lawyers that only dragged my case. Mr. Ishan was able to stand for me and help reslove the matter strategically. I would recommend him every single time. Dal

Ishan sharma treated me very well. His way of handling clients is outstanding. thanku

Hello i have great experience with ishan sir. I needed some assistance to clear my charges he done it very well in just week

The process was very easy. From scheduling our first appointment and meeting our legal representative (Ishan) to the end. He was confident and knowledgeable on what maybe needed and gave a realistic view of possible outcomes. It was so smooth at first I thought he wasn't appearing in court. :-)....for the record he did and kept us informed along the way. I would recommend his services 100%.

Ishan Sharma lawyer did an excellent job defending me in the court. I am so grateful for his helpHaving a Punjabi criminal lawyer was very important for me because of the nature of my case. Ishan could understand and speak Punjabi fluently it made everything so much easier.

My first time experience with LawStop | Lawyers & Notaries is very good . They provide very fast and calm service . They treated very well and also help me in every step I’m very satisfied from their service I recommend to all of you to please visit there .

I went to Ishan at law stop with a mind full of worries and concerns, after Ishan advised me with my options and possible strategies I was more at peace and understood clearly what was ahead of me, after our consultation I felt a load off my shoulders.

Ishan Sharma took up my issue and delivered amazing results. With his experience and dedication to his field of work Ishan got me exactly what I was looking for and took on the entire court process for me. Law Stop displayed great professionalism and had an answer to any of my questions and concerns. Highly recommend their services. Thank you Ishan!

Mr. Ishan is a very honest and knowledgeable lawyer. very prompt and reasonable service. he was always there for me. On very short notice he was ready to help me. He helped me a lot and I am very thankful to Ishan. I highly recommend Ishan Sharma's services.

I had I very good experience with lawstop lawyers & Notaries Ishan Sharma is one of the best lawyers you could have on your team. He’s is very personal also fair with he’s clients and understand. I recommend any one with legal problems to give lawstops a call!!!

The best criminal lawyer around .My friend had hired Ishan for her court case. He worked hard and always replied on time. Best of all , he made the problem go away. Thanks to ISHAN . Bless him.