Washington criminal charge
Resisting arrest in Washington
Resisting arrest is a Misdemeanor under Washington criminal law, defined by RCW 9A.76.040. As a Misdemeanor, it is punishable within the statutory sentencing range Washington sets for that offense class. Washington sorts criminal offenses into class A, B, and C felonies, gross misdemeanors, and misdemeanors — a gross misdemeanor is a distinct, more serious rung than a misdemeanor — with maximum penalties set by RCW 9A.20.021.
Defined by RCW 9A.76.040.
What is the penalty for resisting arrest in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 90 days (statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to current.
Common questions about resisting arrest in Washington
Is resisting arrest a felony or a misdemeanor in Washington?
Resisting arrest is a Misdemeanor in Washington under RCW 9A.76.040.
What are the penalties for resisting arrest in Washington?
As a Misdemeanor, resisting arrest carries up to 90 days (no mandatory minimum) of incarceration and a fine of up to $1,000 (no mandatory minimum) under RCW 9A.20.021 (current).
Which Washington statute covers resisting arrest?
Resisting arrest is governed by RCW 9A.76.040 (Resisting arrest).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.