Brooks Law Firm
Resisting arrest is one of the most commonly added charges in Shelby County, and one of the most commonly misunderstood. It is rarely the reason someone was stopped. It is usually added to something else — a traffic stop, a disorderly conduct call, a domestic call — and it often reflects a few chaotic seconds rather than any decision you made. Under Tennessee law it is also a narrower charge than most people assume. Knowing what the State actually has to prove is the first step to seeing where your case is likely to land.
Brooks Law Firm defends these cases in General Sessions at 201 Poplar and in the municipal courts of Bartlett, Germantown, Collierville, and Millington. Call the office at (901) 324-5000, or call or text (901) 412-2973 any time. Se habla español.
What the State Has to Prove
Resisting arrest is defined at T.C.A. § 39-16-602. The statute covers intentionally using force to prevent or obstruct an officer from making a stop, a frisk, a halt, an arrest, or a search — and it also covers obstructing someone serving legal process, which is why the charge sometimes appears in cases that have nothing to do with a street encounter.
The word that matters is force. Tennessee is not a state where simply failing to cooperate completes the offense. Arguing with an officer, objecting to being arrested, asking why, recording the encounter, or being slow to comply are not, standing alone, what the statute describes. That distinction is frequently the whole case, and it is why the body-camera footage and the in-car video are usually the first things we ask for.
Where the Charge Lands
- Class B misdemeanor in the ordinary case — up to 6 months and a fine up to $500.
- Class A misdemeanor if the State alleges a deadly weapon was used to resist — up to 11 months and 29 days.
For context, a Class B misdemeanor sits below simple assault and below a first-offense DUI on Tennessee’s scale. That is not a reason to ignore it — it is still a criminal charge with a court date and a record — but it does mean the realistic range of outcomes is wider and more favorable than the phrase “resisting arrest” tends to suggest.
One Rule That Surprises People
In Tennessee, the fact that a stop or an arrest later turns out to have been unlawful does not by itself excuse resisting it. The remedy for an unlawful arrest is the motion to suppress and the dismissal that can follow — not resistance at the scene. There is a recognized exception where a person is lawfully defending themselves against excessive force, and that exception is fact-intensive and worth developing carefully where it applies.
This matters practically: a client who was right about the stop can still be facing this charge. Both things can be true, and both get addressed — the underlying stop through suppression, the resisting count on its own terms.
How These Cases Are Actually Defended
- The video. Body-worn and in-car footage usually either shows force or shows something much less than force. It is requested early, before recordings age out of retention.
- The force element. Pulling away, tensing, or failing to follow instructions is not automatically what the statute requires, and the report language often does not match the footage.
- The companion charge. Resisting is frequently attached to an underlying charge. When the underlying charge weakens, the resisting count commonly follows it.
- Medical and situational context. Panic, a disability, a language barrier, intoxication, or a medical episode can explain conduct the report reads as defiance.
Your Record
This is the part clients most want a straight answer on. Resisting arrest is not on either of Tennessee’s diversion exclusion lists. Pretrial diversion under T.C.A. § 40-15-105 excludes offenses like DUI and domestic assault; judicial diversion under T.C.A. § 40-35-313 excludes sexual offenses, DUI, and Class A and B felonies. A resisting arrest charge is none of those. For a qualified defendant — no prior felony, no prior Class A misdemeanor for which confinement was served, and no diversion used before — diversion is genuinely on the table, and it ends in dismissal and eligibility for expungement.
A dismissal can be expunged under the current expungement provisions in Tenn. Code Ann. title 40, chapter 32. See our page on expungement in Tennessee for how that process works.
Where Your Case Is Heard
A Memphis resisting arrest charge starts in General Sessions Criminal Court at 201 Poplar. If the arrest happened in a suburb, the case may begin in that city’s court instead. Our pages on what happens after an arrest in Memphis and the courts we serve walk through the sequence, and disorderly conduct covers the charge most often filed alongside this one.
Frequently Asked Questions
Is resisting arrest a felony in Tennessee?
No. Under T.C.A. § 39-16-602 it is a Class B misdemeanor, or a Class A misdemeanor if the State alleges a deadly weapon was used to resist. It is not a felony offense.
Can I be charged with resisting arrest if I did not touch the officer?
You can be charged, but the statute requires the intentional use of force to prevent or obstruct the officer. Verbal objection or a refusal to cooperate without force generally does not meet that definition, which is why the footage matters so much.
What if the arrest itself was unlawful?
In Tennessee an unlawful stop or arrest does not by itself excuse resisting it, though lawful self-defense against excessive force is recognized. The unlawful stop is usually attacked through a motion to suppress, which can undo the underlying case and often the resisting count with it.
Can a resisting arrest charge be kept off my record?
Often, yes. The charge is not excluded from pretrial or judicial diversion, so for an eligible first-time defendant a dismissal or a completed diversion — both of which can lead to expungement — is a realistic goal rather than a long shot.
Talk to a Memphis Criminal Defense Lawyer
Talk it through with someone who has tried these cases in these courtrooms. Brooks Law Firm — (901) 324-5000, or call or text (901) 412-2973. This page is general information, not legal advice, and outcomes depend on the specific facts of your case.