Resisting Arrest Charges from a Memphis Task Force Stop

Resisting arrest is one of the most common charges that come out of Memphis SAFE Task Force stops. According to local news reports, multiple people have been charged with resisting or assaulting officers during these encounters. Sometimes the original reason for the stop gets dropped, but the resisting charge sticks.

At Harvey Criminal Defense Lawyers, we’ve seen how quickly a routine traffic stop can turn into a resisting arrest case. If you’ve been charged with resisting arrest after a SAFE Task Force stop, don’t assume the system will sort it out. You need a legal team that knows how these cases unfold.

What Does Tennessee Law Say About Resisting Arrest?

Tennessee has two main statutes that cover resisting arrest, and which one you’re charged under makes a huge difference in what penalties you face.

Resisting Stop, Frisk, Halt, Arrest, or Search (TCA § 39-16-602)

Under Tennessee Code Annotated § 39-16-602, it’s a Class B misdemeanor when someone intentionally prevents or obstructs an officer from making an arrest, conducting a search, or stopping and frisking them.

The keyword is “intentionally.” The prosecution must prove you knew what you were doing and meant to interfere.

Penalties include:

• Up to 6 months in jail
• Fines up to $500
• A permanent criminal record

Aggravated Assault on an Officer (TCA § 39-13-102)

If prosecutors believe you caused or attempted to cause bodily injury to an officer, they may charge you with aggravated assault. Under Tennessee Code Annotated § 39-13-102, this is a Class C felony carrying:

• 3 to 15 years in prison
• Fines up to $10,000
• A felony conviction on your record

Even minor physical contact, like pushing an officer’s hand away or struggling while being handcuffed, can lead to this more serious charge.

What Counts as “Resisting Arrest” in Memphis?

Under Tennessee Code Annotated § 39-16-602, resisting arrest requires using force against a law enforcement officer.

This means physical resistance, not verbal resistance. Examples that could lead to charges include:

• Pushing or shoving an officer
• Pulling away forcefully when an officer tries to restrain you
• Physically struggling during handcuffing
• Hitting, kicking, or striking an officer
• Using your body weight to resist being moved or restrained

What is NOT resisting arrest under this statute:

• Verbally arguing with officers
• Asking questions or asserting your rights
• Refusing to answer questions
• Standing still or walking away slowly (without using force)
• Being verbally uncooperative

However, passive resistance or refusal to comply with lawful orders can still create legal problems and escalate the situation.

Why Do SAFE Task Force Stops Lead to Resisting Charges So Often?

Memphis SAFE Task Force operations move fast and involve multiple officers working high-crime areas. That creates more opportunities for confrontations and misunderstandings.

Fast-Moving Situations

SAFE officers often work in groups and move quickly. If you don’t immediately understand what’s happening, your hesitation can be interpreted as resistance.

Confusion About Commands

Officers may give rapid or overlapping commands. If you don’t respond fast enough or respond to the wrong officer, they may see it as defiance.

Physical Contact During Pat-Downs

If an officer conducts a pat-down or reaches into your pockets, your instinct might be to step back. That can be charged as resisting a search.

Passengers Getting Involved

If you’re a passenger and you get out of the car to see what’s happening, or if you start recording or asking questions, officers may view that as interference. That can lead to obstruction charges even if you weren’t the one being arrested.

Conflicting Stories

After the arrest, officers write reports based on their perspective. Without video evidence, the court often sides with the officer.

Can You Be Charged with Resisting If the Arrest Was Unlawful?

Tennessee law does not give you the right to physically resist an unlawful arrest. Even if the officer had no legal reason to stop or arrest you, fighting back can still lead to a resisting charge.

However, an unlawful arrest can be a strong defense in court. If your attorney can show the stop violated your constitutional rights, the resisting charge may be dismissed. Courts have ruled that you cannot be convicted of resisting if the underlying arrest was invalid.

This is why having an experienced criminal defense lawyer review every detail matters. We look at:

• Why the officer stopped you
• Whether they had probable cause
• Whether they followed proper procedures
• Whether your rights were violated

If the arrest was unlawful from the start, we can challenge the resisting charge on those grounds.

What Should You Do If You’re Charged with Resisting Arrest?

Being charged with resisting doesn’t mean you’re guilty. These cases are winnable when the facts show you were confused, scared, or unlawfully detained.

Don’t Talk About the Case

Anything you say to police, cellmates, or even friends can be used against you. Don’t try to explain what happened on social media. Wait until you have a lawyer.

Get Video Evidence

If there’s dashcam footage, body camera video, or bystander recordings, that evidence needs to be preserved. Your attorney can request this through discovery.

Write Down What Happened

While the details are fresh, write down everything: what the officers said, how they approached you, whether they identified themselves, and exactly what you did.

Hire a Criminal Defense Lawyer Immediately

Resisting arrest cases move quickly. You’ll have court dates, bond hearings, and deadlines. Having a lawyer from the start gives you the best chance at getting the charge reduced or dismissed.

How We Defend Resisting Arrest Cases

At Harvey Criminal Defense Lawyers, we don’t just accept the officer’s version of events. We investigate, challenge, and push back.

We Review the Stop Itself

If the stop was illegal, the arrest was illegal. And if the arrest was illegal, the resisting charge falls apart. We examine whether the officer had reasonable suspicion or probable cause.

We Challenge the Officer’s Account

Officers write reports that support their actions, but those reports aren’t always accurate. We compare their statements to video evidence, witness testimony, and physical facts to find inconsistencies.

We Look for Mitigating Factors

Were you confused about what was happening? Did you have a medical condition that made it hard to comply? Were the officer’s commands unclear? These factors can weaken the prosecution’s case.

We Negotiate When Appropriate

Sometimes the best strategy is negotiating with the prosecutor to reduce the charge. A resisting arrest charge might be dropped in exchange for a lesser offense, especially if the evidence is weak or this is your first offense.

We Fight at Trial When Necessary

If the State won’t offer a fair deal, we’re ready to take your case to trial. Juries understand that people panic during police encounters.

Facing a Resisting Arrest Charge in Memphis?

You don’t have to accept a resisting arrest charge just because an officer says you did something wrong. These cases are more complicated than they seem, and the right defense makes all the difference.

At Harvey Criminal Defense Lawyers, we understand how Memphis SAFE Task Force stops work and how resisting charges get filed. We know what questions to ask, what evidence to challenge, and how to hold officers accountable when they overreach.

Contact Harvey Criminal Defense Lawyers today for a confidential consultation. Let’s review what happened during your stop and start building your defense.