Obstructing an Officer (Resisting Arrest)
Obstructing an officer otherwise known as resisting arrest, is a criminal offence under s.129 of the Criminal Code. This section of the code states that anyone who intentionally obstructs a public officer or peace officer while s/he is in their line of duty, without reasonable excuse, may be found guilty of this offence.
The maximum penalty for this offence is two years’ imprisonment.
What You Should Know
Simply being “uncooperative” is enough for a charge of obstruction, there must be physical resistance such as attempting to pull away from the officer while being placed under arrest. There are some other circumstances that may result in a charge of obstruction such as interfering with a police investigation, notifying other people of the presence of police, or tampering with or hiding evidence.
In order to be convicted of obstruction of an officer, the prosecution must prove that there were reasonable grounds to make the arrest, that the person being arrested knew the complainant was an officer, either by seeing the uniform or by verbally being told, and that the defendant was willfully obstructing.
Applicable Legislation s.129
Every one who
(a) resists or willfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
The Next Steps
Lakin Afolabi is a knowledgeable criminal defence lawyer in London, Ontario. He has successfully defended individuals facing charges of obstructing an officer. If you or someone you know are facing a charge of resisting arrest, this is the defence counsel you need. Call Mr. Afolabi.
Contact Lakin Afolabi now for a consultation
Call anytime, day or night, 519-495-0870