When someone leaves the precinct after a difficult arrest, they are usually carrying two things: paperwork and a sinking feeling that no one is going to believe their side of the story. Then they read the complaint or the police report and see those words that seem to destroy any hope of a fair hearing: “the defendant was resisting arrest.”
I’ve been representing people in criminal and civil rights cases for over three decades, and I can tell you this: that phrase is not the end of your case. It is not the end of your story. It is simply the beginning of the work we have to do together.
Let me walk you through what “resisting arrest” really means for your situation, how it affects both criminal charges and excessive force claims, and why you should not assume you are out of options.
Police use the word “resisting” far more often than most people realize. Sometimes it reflects true, active resistance. Other times, it is a label placed on normal human reactions during a frightening and confusing encounter.
In the real world, people react to stress in all kinds of ways. They might pull away when handcuffs dig into their wrists. They might turn their head to see what is happening behind them. They might instinctively cover their face or body if they think they are about to be hit. They might plead, question, or tense up.
None of those things automatically make someone a criminal. None of those things automatically justify painful takedowns, punches, strikes with a baton, taser deployments, or repeated uses of pepper spray.
The law looks at whether the force used by police was objectively reasonable under the circumstances. That standard does not disappear just because an officer wrote the word “resisting” in a report.
This is where most people feel discouraged and where my job really begins. There is a huge difference between minor, momentary resistance and the kind of force some officers decide to use.
If you pulled your arm back because the officer twisted it suddenly, that is not a license for them to slam you into the pavement. If you asked what was happening and tried to turn around while they were cuffing you, that does not justify a knee on your neck or back. If you stumbled or lost your balance and they decided to “take you down,” we may be looking at force that went far beyond what was necessary.
Courts and juries are allowed to consider all of this. Even if there was some level of resistance, the question is whether the response was proportional. Many excessive force cases are won, not because the person was perfect, but because the officer’s reaction was clearly over the line.
From a civil rights perspective, a resisting charge or allegation does not automatically destroy an excessive force case. It simply adds another layer to analyze.
In a civil rights case, I look at:
Body-cam video, street cameras, store footage, bystander cell phone videos, medical records, and witness statements often paint a very different picture than the written report. Sometimes we find that any “resistance” was minimal, or that the worst force came after you were already on the ground, handcuffed, or no longer a threat.
The law does not give officers a free pass to punish, humiliate, or “teach a lesson.” Their role is to safely control a situation, not to retaliate or vent frustration. When they cross that line, even if there was some resistance earlier in the encounter, you may have a strong excessive force claim.
On the criminal side, a resisting arrest charge still has to be proven beyond a reasonable doubt. It is not enough for an officer to say, “I felt resistance.” The prosecution must show what you actually did and why it meets the legal definition of the crime.
In my practice, I have challenged resisting charges by:
Sometimes resisting charges are reduced. Sometimes they are dismissed. Sometimes they become the foundation of a civil rights claim, because the effort to justify force on paper does not match what actually happened on video.
I know how overwhelming this all feels. You may be dealing with criminal charges, physical injuries, emotional trauma, or all three at once. You may feel like everyone is automatically taking the officer’s side.
My role is to step into that chaos and start bringing order. I listen carefully to your account. I obtain the records, the footage, and the reports. I look for gaps, inconsistencies, and moments where the officer’s choices stopped being about safety and started looking like punishment.
I have handled thousands of cases over the years. I have seen officers do the right thing under pressure, and I have seen officers go far beyond what the situation required. I know what to look for, and I know how to explain it to judges, juries, and opposing counsel.
If you are dealing with a situation where the police say you were resisting, there are some important steps you can take:
The sooner I can start looking into your case, the better chance we have of preserving evidence and protecting your rights on both fronts.
If your arrest involved force and you are worried that the words “resisting arrest” have ruined your chances, I want you to know that you are not alone and you are not out of options.
I’m Ed Palermo and I’m a criminal defense attorney with over thirty years of experience. I offer free consultations, and when I take on a case, my clients get direct access to me. We will talk through what happened, what you are facing, and what we can do next. My job is to stand between you and a system that can feel very one-sided, and to push back when police overstep their authority.
If you are ready to talk, reach out and let me review your situation. Together, we can figure out the best way forward.