Understanding Charges for Resisting Arrest or Obstructing Justice
July 29, 2025
Facing charges for resisting arrest or obstructing justice in Washington can be intimidating. These offenses often occur during emotionally charged interactions with law enforcement and can carry serious legal consequences.
Unfortunately, many people are charged even when they don’t realize their actions could be interpreted as obstruction.
Understanding what qualifies as obstruction or resistance under Washington law is a crucial part of defending against these allegations. Representing clients across Vancouver and Longview, Washington, at Dan Mellen, Attorney at Law, we’ll fight to protect your rights, build a strong criminal defense, and guide you through every step of the legal process.
Defining Obstructive Charges in Washington
In Washington, there are multiple statutes related to obstruction and resisting arrest. While similar, they each have specific definitions and implications. Understanding these differences is the first step in knowing how to respond if you're facing charges.
Resisting arrest (RCW 9A.76.040): This occurs when someone intentionally prevents or attempts to prevent a law enforcement officer from making an arrest. The arrest doesn't have to be lawful for a resisting arrest charge to be filed.
Obstructing a law enforcement officer (RCW 9A.76.020): This charge is broader and includes any act that hinders a public servant (usually a police officer) from performing official duties. This can include giving false information or physically blocking access.
Rendering criminal assistance (RCW 9A.76.050–9A.76.070): This involves helping someone avoid being apprehended, prosecuted, or punished for a crime. The severity of the charge depends on the underlying offense involved.
While these laws may seem straightforward on paper, they’re often applied in situations where emotions are high and facts are disputed. That’s why criminal defense in these cases often involves challenging how the events were interpreted by police and prosecutors.
Common Scenarios That Lead to Charges
Obstructive charges don’t always stem from dramatic events. Many arise from minor disputes or misunderstandings. It’s important to recognize what kinds of behavior can lead to these allegations.
Arguing or verbally protesting during arrest: Even if you're simply asking why you're being detained, an officer might interpret your response as defiance.
Walking away from a police officer: Trying to leave a scene, even passively, can be seen as resisting or obstructing.
Recording police activity: While legal in Washington, some officers may still accuse someone of obstruction if they believe it's interfering with their duties.
Helping someone hide from police: This can fall under rendering criminal assistance, especially if you're knowingly helping someone avoid arrest.
Giving false information to officers: Lying about your name, identity, or someone else's whereabouts can quickly escalate to obstruction charges.
These examples show that even actions you believe are harmless or lawful can be viewed differently by police. That’s why it's important to seek legal advice right away if you've been charged.
Legal Penalties for Obstructive Charges
Once someone is charged with resisting arrest or obstructing justice, the legal consequences can be significant. Even though these are usually misdemeanor offenses, the penalties can still impact your future.
Resisting arrest: This is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
Obstructing a law enforcement officer: Also a misdemeanor, carrying similar penalties.
Rendering criminal assistance: Depending on the underlying crime, this can be classified as a misdemeanor or felony. For example, helping someone avoid arrest for a violent felony could lead to felony charges.
In addition to criminal penalties, these charges can lead to other consequences like job loss, professional licensing issues, or immigration problems. That's why it's important to work with a criminal defense attorney who understands how to build a strong case from the beginning.
Defenses to Resisting or Obstructing Charges
Fortunately, there are several legal defenses available to fight obstructive charges. A skilled criminal defense attorney will look at the full context and challenge how the arrest or incident unfolded.
Lack of intent: These charges require that the person intentionally interfered. If the actions were accidental or misunderstood, it can be a valid defense.
Unlawful arrest: While resisting an unlawful arrest is still technically a crime in Washington, the details of the encounter may influence how the court views your behavior.
Self-defense or excessive force: If the officer used excessive force, a person may argue they were trying to protect themselves rather than resist arrest.
Misidentification or false accusation: Sometimes, people are wrongly accused because they were nearby or matched a description.
Exercise of lawful rights: Activities like filming the police or speaking freely may be protected under the Constitution, even if officers took offense.
These defenses aren't assured to get charges dismissed, but they form the foundation of many criminal defense strategies. A strong defense often relies on video evidence, witness testimony, and a clear presentation of what really happened. For more information, get in touch with Attorney Dan Mellen at our firm today.
How Law Enforcement and Prosecutors View These Charges
To build an effective criminal defense, it’s helpful to understand how prosecutors and police typically interpret these charges. Law enforcement often views resistance or obstruction as a threat to officer authority, which is why these charges are taken so seriously, even if they seem minor.
Charges may be added during other arrests: Obstruction is often charged in addition to other offenses, especially when someone is accused of assault, trespassing, or theft.
Prosecutors may push for plea deals: In many cases, prosecutors will offer a plea deal rather than take these cases to trial. While tempting, it's not always in your interest to accept one without reviewing your options.
Police bodycam footage matters: In recent years, body-worn cameras have played a larger role in how obstruction charges are prosecuted or dropped.
Understanding the motivations behind the charge can help you and your criminal defense attorney determine how to approach negotiations or prepare for trial.
What To Do If You're Charged in Washington
Being charged with resisting arrest or obstruction can feel overwhelming. But taking the right steps early on can make a big difference in how your case unfolds.
Remain calm and avoid further conflict: Don't try to explain yourself to police or argue the charge during or after the arrest.
Document everything you remember: Write down details while they're still fresh. This includes names, times, and any witnesses present.
Don’t post about it on social media: Anything you share online could be used against you in court.
Consult a criminal defense attorney quickly: The sooner you speak with a lawyer, the more time they have to protect your rights and begin working on your defense.
Every moment matters in a legal case. Acting quickly—and with legal guidance—can give you more control over the outcome.
Additional Considerations: Juveniles and Immigrants
Obstructive charges don’t just affect adults. Juveniles and non-citizens face unique consequences that require special attention.
Juvenile cases: Teens and young adults are often charged with resisting arrest, especially in school or public settings. The juvenile justice system operates differently, and a criminal defense attorney can help guide families through it.
Immigration consequences: For non-citizens, even a misdemeanor obstruction charge can trigger immigration consequences, including detention or removal proceedings.
In both cases, it’s essential to work with a defense attorney familiar with these issues and their long-term effects.
Why These Charges Deserve Serious Attention
Many people treat obstruction or resisting charges as minor annoyances. But these charges can have ripple effects, particularly when they're combined with other allegations or previous criminal history. Even a misdemeanor conviction can create barriers to employment, housing, or military service.
By working with a criminal defense lawyer who understands how Washington courts treat these charges, you give yourself a better chance of moving forward without lasting damage.
Reach Out Today
Whether it’s your first time facing the justice system or not, having the right criminal defense strategy can help you protect your rights and tell your side of the story. If you've been charged, don’t wait to get legal help. Take action now and defend your future.
Our firm serves clients throughout Vancouver, Clark County, Cowlitz County, Lewis County, and Wahkiakum County. Contact us at Dan Mellen, Attorney at Law, today.