Resisting arrest is one of the most common add-on charges in Missouri. It often appears alongside a DWI, a drug charge, or an assault, and it can turn a misdemeanor case into a felony case depending on why the person was being arrested and how they resisted.
This guide covers the offense of resisting or interfering with arrest, detention, or stop under RSMo 575.150, as amended effective August 28, 2025: what the State must prove, when it is a felony, and how these charges are defended.
The offense
What counts as resisting arrest in Missouri?
Using or threatening force, or fleeing, to prevent an arrest, stop, or detention.
Under RSMo 575.150, a person commits the offense if they know or reasonably should know that an officer is making an arrest or trying to lawfully detain or stop a person or vehicle, and, to prevent it, they:
- Resist their own arrest, stop, or detention by using or threatening violence or physical force, or by fleeing; or
- Interfere with someone else’s arrest, stop, or detention by using or threatening violence, physical force, or physical interference.
The statute applies to arrests with or without a warrant, for any offense or ordinance violation, and to arrests on court or probation warrants. A person who keeps driving after they saw or should have seen emergency lights, or heard or should have heard a siren, is presumed to be fleeing a vehicle stop.
The class
Is resisting arrest a felony in Missouri?
Sometimes. It depends on the underlying arrest and how the person fled.
Class E felony
Resisting an arrest for a felony, or for a warrant for failing to appear or for a probation violation on a felony case, is a class E felony, punishable by up to four years. Fleeing in a way that creates a substantial risk of serious physical injury or death to anyone is also a class E felony.
Class A misdemeanor
Otherwise, resisting or interfering is a class A misdemeanor, punishable by up to one year in jail.
When resisting is punished as a felony, a vehicle used in the offense may be subject to impoundment and forfeiture.
How the classes work: Missouri felony classes and sentencing.
An unlawful arrest
Can you resist an unlawful arrest in Missouri?
No. The statute says an unlawful arrest is not a defense.
RSMo 575.150.4 states that it is no defense that the officer was acting unlawfully in making the arrest. A person who believes an arrest is wrong is expected to submit and challenge it later, in court and, if warranted, in a civil lawsuit, which the statute expressly preserves.
That does not mean the lawfulness of the encounter is irrelevant. The statute refers to an officer attempting to “lawfully” detain or stop someone, and an illegal stop can still matter for suppressing evidence in the underlying case. When officers use excessive force, that is a separate question with its own remedies.
Defenses
How do you fight a resisting arrest charge in Missouri?
By testing knowledge, purpose, and what actually happened.
- Knowledge. Did the person know, or should they have known, that an officer was making an arrest or stop? Plainclothes officers, confusion, darkness, and sudden encounters matter.
- Purpose. The State must prove the person acted to prevent the arrest. Pulling away in pain, flinching, or a medical reaction is not the same thing.
- Force or flight. The State must prove force, a threat of force, or flight. Arguing with an officer or refusing to answer questions, without more, is generally not enough.
- Video. Body camera and dash camera footage often show a different sequence of events than the report.
- The felony label. Whether the underlying arrest was actually for a felony, and whether fleeing created a substantial risk of serious injury, decide whether the charge is a felony at all.
FAQ
Resisting arrest questions
Is running from the police a crime in Missouri?
Fleeing to prevent an arrest, stop, or detention that you know or should know is happening can be resisting under RSMo 575.150. It is a class A misdemeanor unless the arrest was for a felony or the flight created a substantial risk of serious injury or death.
Is fleeing from a traffic stop a felony in Missouri?
It is a felony if the flight creates a substantial risk of serious physical injury or death to any person, or if the underlying arrest was for a felony. Otherwise it is a class A misdemeanor.
Can I be charged with resisting if I did not touch the officer?
Yes, if you fled. Resisting can be committed by fleeing as well as by force. Arguing or refusing to answer questions, without force or flight, generally does not meet the definition.
What if the arrest was illegal?
Missouri law says an unlawful arrest is not a defense to resisting. The lawfulness of the stop can still matter for suppressing evidence in the underlying case, and civil claims for an unlawful arrest are preserved.
Can a resisting arrest charge be dropped?
It can be dismissed or reduced, particularly when video does not support the report or the underlying case is resolved favorably. Whether that is realistic depends on the facts.
See our criminal defense page, or call 573-638-8529. Charged in a specific county? Jefferson City and Cole County, Columbia and Boone County, or Fulton and Callaway County.
Talk to us
The add-on charge can become the main problem.
If you have been charged with resisting arrest in Missouri, call to have the video and reports reviewed early.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
© 2026 Vindex Law, PC · 235 East High Street, Suite 102, Jefferson City, MO 65101