Resisting Arrest in Oklahoma: What Counts and What Doesn’t
Resisting arrest is a serious issue that many people do not fully understand. In Oklahoma, the law outlines specific actions that count as resisting or obstructing a peace officer or executive officer while they are performing their duties. These laws are designed to ensure that officers can carry out their responsibilities safely and effectively. The relevant statutes describe what behavior is considered unlawful when a person intentionally prevents or resists an officer’s lawful performance of duty.
At its core, resisting arrest involves knowingly obstructing or hindering a peace officer or executive officer who is acting under legal authority. This means that if an officer is lawfully trying to detain, arrest, or perform another duty, and a person physically resists, flees, or uses force to prevent the officer, that person can be charged with resisting arrest. Oklahoma law makes a distinction between merely refusing to cooperate and actively resisting. For example, standing still and not following an officer’s orders might not be enough to meet the legal definition of resisting, but pulling away, pushing, or running does. Okla. Stat. tit. 21 § 268.
The Oklahoma Uniform jury instructions provide clear guidance on this matter. The instructions explain the elements that must be proven for a charge of resisting or obstructing an officer. The officer must be acting lawfully and within their authority, the defendant must know the officer is performing a duty, and the defendant must intentionally resist or obstruct that officer. OUJI-CR 6-48.
It is important to understand that not all actions during an interaction with law enforcement amount to resisting arrest. For instance, verbal disagreement or passive non-compliance, such as refusing to answer questions, generally does not qualify as resisting. However, forceful or physical acts like hitting, pulling away, or running away can lead to charges. The law also covers attempts to prevent an officer from performing their duties, such as blocking their path or interfering with an arrest procedure (Okla. Stat. tit. 21 § 267; § 268.
Anyone facing charges for resisting arrest should consult a knowledgeable criminal defense attorney who understands the nuances of Oklahoma law. A skilled Oklahoma City attorney can help explain the details of the case and work to protect the rights of the accused. The laws and jury instructions make it clear that each case involves careful consideration of the facts and circumstances.
If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400.
