Under Wis. Stat.§ 946.41, whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of resisting or obstructing in Wisconsin. This is a Class A Misdemeanor punishable by up to nine months in jail and a fine of $10,000.
A key part of this crime is that law enforcement must be acting in official capacity and with legal authority. That means if it is found that your arrest was not based on probable cause, then law enforcement was not acting with legal authority. Resisting arrest in Wisconsin is commonly charged when an individual shows or acts in a way that physically resists that officer. Similarly, if someone threatens to do the same they can be charged as well. Obstructing is more commonly charged when an individual provides false information or does something that makes law enforcement's job more difficult.
Misdemeanor and Felony Resisting and Obstructing
Resisting and obstructing an officer in Wisconsin is a class A misdemeanor and is punishable by up to nine months in jail and a fine of $10,000. However, if during the course of resisting or obstructing, law enforcement suffers an injury, this charge becomes a felony.
- If law enforcement suffers substantial bodily harm or soft tissue damage, the penalty is a Class H felony.
- If law enforcement suffers great bodily harm, the penalty is a Class G felony.
- It is also a Class H felony if an individual provides false information to law enforcement and that false information is used to convict someone of a crime.
Madison, WI Resisting and Obstructing Charge Attorneys
Whether you are facing a misdemeanor or a felony charge, Anderson & O'Connell, S.C. knows what to do. Our Madison, WI criminal defense attorneys have represented many individuals facing similar charges. Our attorneys know the law and all potential defenses. When you contact our top rated Madison, WI defense attorneys they will provide you with a free case evaluation. You will have a fair idea of what our attorneys can do for you.
Being charged with a felony or misdemeanor resisting arrest or obstructing charge in Wisconsin is serious matter. Contact Anderson & O'Connell, S.C. to get quality representation at a reasonable rate. Our attorneys know the law and what defenses work. No case is too small or big. However, every charge is significant and requires quality legal representation. Start your defense today!