Resisting/Preventing Arrest in D.C.

It is illegal to resist one’s own arrest.  It is also against the law to prevent the arrest, detention, or attempted detention of another person.  Either form of the offense is punishable by up to 6 months in jail and a $1,000 fine.  D.C. Code § 22-405.01.  

What is resisting arrest in D.C.?

In order to prove the “resisting arrest” part of the statute, the government must prove that (1) the defendant actively confronted, obstructed, or took action against the police officer, (2) the defendant did so with the intention of resisting his own arrest, and (3) at the time of the resistance, the defendant knew that the complainant was a law enforcement officer.  D.C. Criminal Jury Instruction 4.116(A).

What is preventing arrest in D.C.?

There are also three elements to the “preventing arrest” part of the statute.  Specifically, the government must prove that (1) the defendant prevented the officer from arresting, detaining or attempting to detain another person, (2) the defendant did so with the intent to prevent that person’s arrest or detention, and (3) at the time of the prevention, the defendant knew that the complainant was a law enforcement officer.  D.C. Criminal Jury Instruction4.116(B).  

What are my potential defenses to resisting/preventing arrest?

Police officers are permitted to use the amount of force that appears reasonably necessary to make the arrest or detention.  It is not a valid defense that the arrest was later determined to be illegal.  If, however, the officer uses more force than necessary, the person may defend against that excessive force by using only the amount of force that appears reasonably necessary for protection.  

Resisting arrest was originally included as part of the Assault on a Police Officer statute under D.C. Code § 22-405.  It included language making it a crime to “intimidate,” “impede,” “obstruct,” or “interfere with” a police officer.  In concluding that this language was “overinclusive,” the D.C. Council decided to omit such language when it created a separate criminal offense for resisting/preventing arrest under the Neighborhood Engagement Achieves Results” (NEAR) Act of 2016.  

Will I go to jail for resisting/preventing arrest?

The maximum sentence for resisting or preventing arrest in D.C. is a maximum period of incarceration of 180 days and/or a fine of up to $1,000.  That said, it would be unlikely for someone who does not have an extensive criminal record to receive anywhere close to that sentence.  As described in greater detail below, “first-time offenders” will often be offered some type of “pre-trial diversion program.”

Will first-time offenders receive special treatment?  

Prosecutors will typically offer “first-time offenders” (that is, people who have never been arrested before) a non-trial alternative for resolving their cases. According to a Deferred Prosecution Agreement (DPA), for example, the defendant agrees to perform community service in exchange for the government’s agreement to dismiss the charges upon successful completion.

More typical in a simple assault case is a Deferred Sentencing Agreement (DSA).  According to this voluntary agreement between the government and defendant, the defendant agrees to waive his/her right to trial and to plead guilty to the charged offense.  However, instead of proceeding to sentencing, the government provides the defendant with an agreed period of time (typically four months to a year) to complete an agreed upon set of conditions, usually to include community service.

If the defendant completes these conditions successfully, the court allows him/her to withdraw the guilty plea, and the government will dismiss the charges.  This means that the defendant does not end up with a conviction on his/her record.  If, however, the defendant fails to abide by his/her end of the agreement, the court will enter the guilty plea into the record and sentence him/her accordingly.

Will an arrest for simple assault go on my record?

Yes.  Any time you are fingerprinted and photographed in connection with an arrest, there will be a “record” of that arrest.  This record will be retained by both local law enforcement agencies (in this case, the Metropolitan Police Department) and by the Federal Bureau of Investigation (FBI).  If you are arrested AND charged with the offense, the record will also be publicly available through the D.C. Superior Court website.  As described in greater detail below, the record can only be removed through the sealing or expungement of the record. 

Can I seal or expunge a criminal record for simple assault?

A criminal record for resisting or preventing arrest can be sealed or expunged under the new law in D.C. that entered into force in 2025.  The new law provides for automatic expungement for decriminalized offenses and automatic sealing for non-convictions and convictions for less serious misdemeanors.  The expungement or sealing of all other records can only be accomplished through the filing of a motion.

Do I need a lawyer?

Yes.  Although you have the right to defend yourself, the court will actively discourage you from doing so.  This is because of the enormous stakes and complexity involved in a criminal case. If you cannot afford a lawyer, the court will appoint one to represent you.

How can I find out more about the allegations in my case?

Although your lawyer will be given a copy of the full police report and other pieces of “discovery” at your initial court appearance, you can obtain a copy of an abbreviated police report — the PD-251 — in advance of that hearing by contacting the Metropolitan Police Department.  Instructions on obtaining a copy of your PD-251 are provided here.

Last updated:  December 8, 2025

To consult with lawyer who has extensive experience defending people accused of this crime, please contact Jamison Koehler at 202-549-2374 or jkoehler@koehlerlaw.net.