Resisting Arrest in Tennessee

What does it mean to Resist Arrest in Tennessee? 

T.C.A. 39-16-602. Resisting stop, frisk, halt, arrest or search Prevention or obstruction of service of legal writ or process.


(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.

This means that use of force against a police officer to break free or deny arrest may result in a charge of Resisting Arrest.  Resisting Arrest is a Class B misdemeanor.

Self Defense under TCA 39-11-611 is not applicable as a defense to resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:


(A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and

(B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.

If you get charged with Resisting Arrest in Cocke, Jefferson, Sevier, Knox or Blount Counties, then contact the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer.