Lawyer for Resisting Arrest Charge in Ontario

Being charged with resisting arrest in Ontario can be overwhelming—especially when it’s your first encounter with the criminal justice system. Whether you were confused about the situation, felt the arrest was unjust, or acted out of fear, this charge can carry serious legal consequences. That’s why it’s essential to speak with an experienced lawyer for resisting arrest as early as possible.

What Does It Mean to Be Charged with Resisting Arrest?

Under Section 129 of the Criminal Code of Canada, resisting arrest is a criminal offence that occurs when someone actively prevents or obstructs a peace officer (or another public officer) in the course of carrying out their lawful duties. This can include physically pulling away or fleeing during an arrest, blocking an officer from arresting someone else, refusing to follow direct commands during a lawful arrest, or attempting to hide, resist handcuffs, or give false identification. Even non-violent resistance—such as tensing up or failing to comply quickly—can result in charges, particularly if police believe you were intentionally obstructive.

Consequences of a Resisting Arrest Charge

Although resisting arrest is often charged alongside another offence (like assault, theft, or public intoxication), it can also stand alone. If convicted, penalties may include a criminal record, fines or probation, jail time (up to 2 years less a day), immigration issues for non-citizens, and increased penalties for future charges. The court may view resisting arrest as a sign of disrespect for the law, which can affect how judges and prosecutors treat your case. That’s why having a criminal defence lawyer with experience in resisting arrest cases is critical.

How a Lawyer for Resisting Arrest Can Help

Hiring a lawyer early in the process can make a meaningful difference. At De Boyrie Law, we work to challenge the lawfulness of the arrest—if the police had no legal right to arrest you, the charge may be dismissed entirely. We also review police conduct to determine whether excessive force was used or if your rights under the Canadian Charter of Rights and Freedoms were violated. In some cases, we can negotiate with the Crown to have the charge dropped, diverted, or reduced through early resolution. If a conviction seems likely, we’ll advocate for an absolute/conditional discharge to help you avoid long-term consequences. A lawyer can also help you understand what’s happening at every stage—whether you’re navigating a first appearance, a bail hearing, or preparing for trial.

Common Defences to Resisting Arrest in Ontario

There are several valid defences to a resisting arrest charge, depending on your circumstances. These include unlawful arrest—if the police did not have a warrant or reasonable grounds, the arrest may not have been legal. You may have been protecting yourself from excessive force or an unclear threat, which would support a claim of self-defence. If your actions were involuntary, reflexive, or misunderstood, this could negate the required intent. You may have been wrongly accused or misidentified in a chaotic situation. Each defence requires a strategic legal approach, and that’s where experience counts.

Don’t Face This Charge Alone—We Can Help

Being charged with resisting arrest doesn’t make you a criminal. People are often charged in high-stress, confusing situations that spiral out of control. At De Boyrie Law, we approach every client with understanding, urgency, and discretion. Our firm is committed to helping you resolve the charge without jeopardizing your freedom, your job, or your future.

Schedule a Free Consultation Today

If you or someone you care about has been charged with resisting arrest, speak to a defence lawyer today. Early legal advice can help preserve your rights and avoid a criminal record. Contact De Boyrie Law to schedule a free, confidential consultation and start building your defence.