OREGON ASSAULT CRIMES GUIDE

OREGON RESISTING ARREST LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

Call today to speak with Mr. Lesh about your case
(503) 546-2928
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WHAT IS RESISTING ARREST IN OREGON? 

   ORS 162.315 Resisting arrest.

   (1) 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 in making an arrest.

   (2) As used in this section:

   (a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

   (b) “Parole and probation officer” has the meaning given that term in ORS 181.610.

   (c) “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 and 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.

   (3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

   (4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]

 

POSSIBLE SENTENCE
Probation Usually
Jail Often

 

Resisting arrest is a misdemeanor crime and jail time is often a part of the sentence.





About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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David Lesh provides Oregon criminal defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.