In Minnesota, escaping arrest refers to any action taken to avoid being taken into custody by a law enforcement officer. This can include physically fleeing from an officer, resisting handcuffs, or running away after being detained. Even passive resistance, such as refusing to comply with an officer’s orders, can be interpreted as an attempt to escape.

Apple Valley Escaping Arrest Defense Attorney

Attempting to escape arrest is a serious offense in Minnesota, with significant legal consequences that can compound the original charges you may be facing.

No matter the offense, Apple Valley administration of justice defense lawyer James Blumberg can help you fight the charges. James is a former prosecutor who has worked on both sides of the law in these cases. He understands what it takes to get a favorable outcome, whether that is having the charges reduced or dropped.

Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law handles cases throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.

Escaping Arrest

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What is Escaping Arrest and What are the Consequences?

In Minnesota, escaping arrest refers to any act of evading, fleeing, or resisting a lawful arrest by a law enforcement officer. This can include physically running away from an officer, resisting handcuffs, or even refusing to comply with verbal commands during the arrest process. Minnesota Statutes Section 609.50 defines escaping arrest under the broader category of obstructing the legal process, which encompasses any act that impedes an officer’s lawful duties.

This offense is not limited to physically running away; it can also involve less overt actions, such as providing false information, hiding evidence, or otherwise attempting to avoid being taken into custody.

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Penalties

The penalties for attempting to escape arrest in Minnesota are severe and can vary depending on the circumstances of the case. This charge can be applied if you resist or obstruct a law enforcement officer during an arrest. It is considered a misdemeanor, gross misdemeanor, or even a felony depending on the severity of the resistance and whether any harm was inflicted on the officer.

If you attempt to escape by running away, driving off, or otherwise evading the police, you could be charged with fleeing a peace officer. This is typically charged as a felony in Minnesota, especially if it involves a motor vehicle or results in injury or death to another person.

These are the charges and consequences you may be facing depending on the severity of the circumstances:

Misdemeanor: a sentence of not more than 90 days or a fine of not more than $1,000, or both.

Gross Misdemeanor: not a felony or misdemeanor with a max fine of $3,000.

Felony: a sentence of imprisonment for one year or more

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Defending Against Escaping Arrest Charges

Facing charges of escaping arrest can be daunting, but several legal defenses may be available depending on the circumstances of the case. Common defenses include:

  1. Lack of Intent: Arguing that the defendant did not intentionally attempt to escape or resist arrest, perhaps due to confusion, fear, or misunderstanding of the situation.
  2. Excessive Force by Law Enforcement: If law enforcement officers used excessive or unreasonable force during the arrest, the defendant may argue that any resistance was a result of self-defense.
  3. Unlawful Arrest: If the arrest itself was unlawful, meaning the officer lacked the proper legal authority or probable cause, any resistance may be justified and the charges could be dismissed.
  4. Duress or Coercion: If the defendant was coerced or forced to resist arrest by another party, this could potentially serve as a defense.

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Additional Resources

  1. What are Crimes Against the Administration of Justice? – When a person is alleged to have interfered with the way law enforcement officers do their job or the way the court system works, he or she could face criminal charges.
  2. Minnesota Department of Public Safety – The Minnesota Department of Public Safety can provide insights into how escaping arrest is handled from the perspective of law enforcement.

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Hire an Escaping Arrest Attorney in Apple Valley, Minnesota

If you or a loved one have been charged with escaping arrest, contact criminal defense attorney James Blumberg.

These charges could have a significant impact on your future, and they should be taken seriously. James can work with you one-on-one to protect your rights. Call James Blumberg Law at (952) 431-7758 to schedule a free consultation.

James Blumberg Law also represents clients in Rice County, Steele County, Dodge County, Carver County, Scott County, and Sibley County.

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