|Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon resisting arrest charge.|
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More than 24 years as an Oregon attorney.
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|THE OREGON CRIMINAL LAW GUIDE|
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|"I defend people facing resisting arrest charges in the State of Oregon."|
OREGON RESISTING ARREST LAW
ORS 162.315 Resisting arrest. (1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.
(2) As used in this section:
(a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) “Parole and probation officer” has the meaning given that term in ORS 181.610.
(c) “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
David N Lesh
Oregon Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: Resisting arrest is an expungeable offense if you otherwise qualify.
David Lesh Mini Biography
Oregon attorney since 1990;
Former prosecutor (5 years);
Former lawyer to the Portland Police Bureau (3+ years);
Sought after criminal defense attorney (11+ years).