Resisting Arrest Penalty: What You’re Facing and How to Defend It

The penalty for resisting arrest in Ontario depends on the circumstances of the case, whether additional charges are involved, and whether you have a prior record. Under Section 129 of the Criminal Code, resisting arrest is a hybrid offence, meaning the Crown can choose to proceed summarily or by indictment. If convicted, you could face up to two years less a day in jail for a summary conviction or a longer sentence if the Crown proceeds by indictment. In practice, resisting arrest is often charged alongside other offences like assault, mischief, or obstruction, which can increase the severity of the penalty.

What Factors Affect the Penalty

Courts look at several factors when determining the resisting arrest penalty. These include whether you used physical force, whether anyone was injured, the level of resistance, your behaviour before and after the arrest, and whether this was your first offence. A first-time offender who passively resists may receive a lesser penalty, such as a fine, probation, or discharge. On the other hand, active resistance involving violence or a pattern of similar conduct may result in jail time. Judges will also consider whether you were charged with related offences and how the arresting officers were affected.

Can You Go to Jail for Resisting Arrest

Yes, jail is possible. While not automatic, jail time is more likely if your actions caused harm, if you obstructed police in a dangerous way, or if the court sees your conduct as deliberate and disrespectful of lawful authority. In many cases, however, jail can be avoided through a strong legal defence, early resolution, or alternative sentencing options like diversion or conditional discharge. Every case is different, which is why it’s important to work with a criminal defence lawyer who can assess the facts and negotiate the best possible outcome.

Defending Against a Resisting Arrest Charge

There are several defences available depending on the details of your case. One of the most effective is proving that the underlying arrest was unlawful. If police lacked reasonable grounds to detain you, then your actions may not constitute a criminal offence. Another defence is lack of intent—if your resistance was involuntary, confused, or reflexive rather than deliberate, this may weaken the Crown’s case. Self-defence may also apply if excessive force was used by police. In some situations, identity may be in question, especially during chaotic or crowded arrests. A criminal lawyer can challenge the police version of events, file Charter motions for rights violations, and cross-examine officers on their use of force and conduct during the incident.

Additional Consequences Beyond the Penalty

Even if you avoid jail, a conviction for resisting arrest can affect your life in many ways. It may lead to a criminal record, which can impact employment, immigration status, or travel. It may also increase the likelihood of harsher penalties in the future. This is why it’s critical not to plead guilty or assume the charge is minor. Getting legal advice early allows you to explore options that may help you avoid long-term consequences.

Contact De Boyrie Law for a Strong Defence

If you’re facing a resisting arrest charge, don’t wait to get legal help. The resisting arrest penalty can have a lasting impact on your life, and the sooner you act, the more options you have. At De Boyrie Law, we work to protect your rights, your record, and your future. We investigate every angle of the case and push back on weak or unlawful arrests. Contact us now to schedule a free, confidential consultation.