Resisting arrest means wilfully resisting or obstructing a police officer who is carrying out a lawful duty, such as making an arrest. The Crown must prove that the arrest was lawful, that you knew the person was an officer, and that you meant to resist.
The offence carries up to two years in prison. But many Calgary charges end in a withdrawal, a discharge or an acquittal when the video and evidence are tested early.
KEY TAKEAWAYS
- Pulling away, arguing, or asking questions is not automatically resisting. A reflex, a stumble or a reaction driven by fear is not wilful resistance.
- If police had no lawful grounds to arrest you, the law allows you to resist the unlawful arrest with reasonable force, and the charge can fail.
- Body-worn camera footage, 911 calls, and bystander video often tell a different story than the officer’s notes.
- A judge can give a discharge for this offence, which means no conviction is entered.
- Before offering a deal, the Crown wants to see that you have stayed out of trouble since your arrest, and stayed sober or attended counselling if alcohol, drugs or stress played a part.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with resisting arrest and other criminal offences in Calgary. He has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
His record includes a not-guilty verdict for a woman pulled from her car, still buckled in, and accused of resisting arrest. These cases come down to a few seconds of action. The Crown’s willingness to withdraw a charge is shaped by what the defence finds in the video, the officers’ notes, and the moments before and after the arrest. Cory reviews every piece of disclosure for those problems and presents them to the Crown while the charge can still be withdrawn.
Resisting arrest charges arise in a few ways: during a traffic stop or impaired driving investigation, after a night out downtown, at a domestic call, or when someone is confused, frightened, or in crisis when police arrive. Each one is usually recorded on body-worn cameras, phones, or 911 audio, where the police account can break. Cory has defended clients arrested in such situations. He has found the gaps in each and put them before the Crown, a judge, or a jury.
If you have been charged with resisting arrest or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT IS RESISTING ARREST AND WHAT DOES THE CROWN HAVE TO PROVE?
Resisting arrest means deliberately struggling against or blocking a police officer who is lawfully arresting you or someone else. It falls under the Criminal Code offence of resisting or obstructing a peace officer. A conviction needs more than an officer saying you resisted.
The Crown must prove, beyond a reasonable doubt, that:
- The person you resisted was a police or peace officer, or someone lawfully helping one.
- The officer was carrying out a lawful duty, such as a lawful arrest.
- You knew the person was an officer.
- You resisted on purpose.
If even one of these elements is missing, the charge fails.
Without a warrant, police can arrest you only in limited situations, such as when they find you committing an offence or have reasonable grounds to believe you committed a serious one.
Officers must also tell you why you are being arrested when they reasonably can. When an arrest lacks legal basis, the officer is not carrying out a lawful duty, and you are entitled to resist it with reasonable force.
WHAT ARE THE PENALTIES FOR RESISTING ARREST?
Resisting arrest is a hybrid offence. The Crown chooses whether to proceed by indictment (more serious cases) or summary conviction (less serious cases).
|
CONSEQUENCE |
WHAT THE LAW SAYS |
|---|---|
| Indictable | Up to 2 years in prison |
| Summary | Up to 2 years less a day in jail, a fine of up to $5,000, or both |
| Discharge | Available, because the offence has no minimum sentence. You are found guilty, but no conviction is entered. |
| Probation | Can last up to 3 years, with conditions such as counselling or a curfew |
For a first offence with no injury, weapon or serious violence, jail is unlikely. The bigger risk is a criminal record, which can cost you a job or a professional licence and make U.S. travel harder.
If the Crown says you assaulted the officer, you may face the more serious charge of assaulting a peace officer, which carries up to five years.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED?
Cory recommends these steps:
- Do not talk to police about the arrest without a lawyer. Explaining why you pulled away can give the Crown the proof of intent it needs.
- Write down what happened while it is fresh. Include what officers said, when they first touched you, and who saw it.
- Photograph any injuries right away. Marks from handcuffs or force fade within days.
- Save any video. Ask anyone who filmed the arrest to keep it and not post it online.
- Follow every release condition and attend every court date. Breaking a condition or missing a court date is a separate offence.
These steps protect you and give your lawyer more to work with.
“People accused of resisting arrest in Calgary often assume that because they pulled away, struggled, argued, or refused to cooperate with the police, they are going to be automatically convicted. But that is generally not the case.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A CHARGE IN CALGARY?
If the Calgary Police Service arrests you, you will usually be taken to the Arrest Processing Section at the Spyhill Services Centre in northwest Calgary. Police then release you or hold you for a bail hearing.
|
STAGE |
WHAT TO EXPECT |
|---|---|
| Release | Police give you an appearance notice or undertaking with your court date and any conditions. |
| Bail hearing | If police hold you, a justice of the peace or judge decides whether to release you. |
| Fingerprints and photos | Usually at the Calgary Police Service Westwinds Campus, 5111 47 Street NE. |
| First appearance | At the Alberta Court of Justice in the Calgary Courts Centre, 601 5 Street SW. If you hire Cory first, he appears for you. |
| Disclosure | Cory orders all the Crown’s evidence, including body-worn camera video. |
| Resolution or trial | From the date of the offence, it usually takes 6 to 15 months to reach trial. |
During that time, Cory keeps pressing the Crown for a better outcome, so you may not have to wait for trial.
“Another common mistake is assuming that police reports tell the whole story. Body-worn camera footage, 911 calls, civilian video, witness accounts and the sequence of events immediately before and after the arrest can change how an incident is understood.”
Cory Wilson, Criminal Defence Lawyer
HOW DOES THE CROWN DECIDE WHAT TO DO?
Under Alberta’s Decision to Prosecute guideline, the Crown continues only if there is a reasonable likelihood of conviction and the case is in the public interest. For resisting arrest, Calgary prosecutors consider how serious the conduct was, what led up to it, your criminal record, and the strength of the evidence.
For a brief incident with no injury, weapon, or real violence, possible outcomes include:
- A full withdrawal of the charge.
- Alternative measures, a diversion program that ends with the charge withdrawn.
- A guilty plea with a discharge or another sentence that keeps you out of jail.
You may have choices other than pleading guilty or going to trial. Early advice shows which outcome is realistic for you.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Once you hire him, Cory looks at three things:
- Was the officer acting lawfully? Why did they arrest you, and was the arrest authorized?
- Did you actually resist on purpose? He compares the officer’s notes with body-worn camera video, bystander footage, dispatch recordings, and witness statements.
- Does the evidence support the police version? He looks for differences between officers, gaps in notes, and video that contradicts the report.
He then pinpoints exactly what the Crown calls “resistance” and shows why it does not meet the legal definition. Being angry or difficult is not the same as resisting.
“I break down the encounter into seconds to determine what prompted the arrest, what the officer actually said, when physical contact began, and what the accused did immediately before and after each command.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES CAN BE RAISED?
Common defences Cory raises include:
- The arrest was unlawful. Police had no reasonable grounds to arrest you.
- The movement was not wilful. Pulling back in pain, losing your balance, or reacting in fear is not intentional resistance.
- You did not know they were police. For example, they were in plain clothes and never identified themselves.
- Your Charter rights were breached. Police did not tell you why you were arrested, which can lead to evidence being excluded or the charge being stayed.
- The evidence does not hold up. Video, witnesses, or the officers’ own accounts contradict the report.
The right defence depends on the evidence in your case.
SUCCESSFUL RESULT: NOT GUILTY OF RESISTING ARREST AFTER BODY-CAM FOOTAGE PLAYED AT TRIAL
Calgary police pulled Cory’s client over for other offences and decided to arrest her, even though they did not have lawful grounds at the time. She stayed in her car and asked why she had been stopped and what she had done wrong.
Instead of answering, officers yelled at her and threatened her, then pulled her from the car while she was still buckled in. Police charged her with resisting arrest, among other offences.
As Cory explains:
“At trial, I was able to play the police body-worn camera footage and cross-examine the officers to clearly demonstrate that she did not resist in any way, and that police used excessive force in ripping her from the vehicle rather than engaging in a polite and respectful conversation.”
The judge agreed and found her not guilty of resisting arrest.
If the Crown will not agree to a fair outcome, Cory prepares your case for trial and tells you honestly where you stand.
See more recent cases Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
His courtroom skills are second to none
“I retained Mr. Wilson on a serious matter. His courtroom skills are second to none, and the matter was resolved quickly and efficiently. You do get what you pay for, and I am glad he represented me.”
— C.C.
An outstanding lawyer
“Honestly, he was an outstanding lawyer. Incredibly patient, easy to talk to in all my questions during my legal matter. All in all, I was very impressed with the service provided.”
— K.S.
Can’t say enough good things
“Worst thing I have ever gone through, and Cory fought hard and all charges gone. Now I can get on with my life with my kids. Thanks so much. I can’t say enough good things.”
— K.I.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Charges often laid with, or instead of, resisting arrest:
- Obstructing a peace officer: giving a false name or getting in the way of police.
- Assaulting a peace officer: using force against an officer, or against anyone, to avoid a lawful arrest.
- Impaired driving: a common starting point for an arrest.
- Failing to stop for police: driving away from an officer who signals you to pull over.
- Breach of probation: breaking a condition you were already under.
Cory defends each of these charges.
FAQS
CAN I BE CHARGED FOR RESISTING IF I WAS DRUNK?
Yes. Being intoxicated is not an excuse. But stumbling, swaying, or losing your balance is not wilful resistance. Video often shows the difference between a person fighting an officer and a person who simply could not stand steady.
SHOULD I FILE A COMPLAINT ABOUT THE OFFICER?
Speak to your lawyer first. A complaint about excessive force may be valid, but anything you write in it can be used in your criminal case.
DOES REFUSING TO ANSWER POLICE QUESTIONS COUNT AS RESISTING?
Generally, no. You have the right to stay silent, and asking why you are being arrested is not resistance. But in some situations, such as a traffic stop, refusing to give your name or produce your licence can lead to an obstruction charge.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charge, possible outcomes, defences, and legal fees, including flexible payment plans. We will explain each step in advance so you know what to expect. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Duty to give notice of the reason for arrest, Criminal Code, RSC 1985, c C-46, s 29
- Offences relating to public or peace officers, Criminal Code, RSC 1985, c C-46, s 129
- Assaulting a peace officer, Criminal Code, RSC 1985, c C-46, s 270
- Arrest without warrant by a peace officer, Criminal Code, RSC 1985, c C-46, s 495
- Absolute and conditional discharges, Criminal Code, RSC 1985, c C-46, s 730
- Length of a probation order, Criminal Code, RSC 1985, c C-46, s 732.2
- General penalty for summary conviction offences, Criminal Code, RSC 1985, c C-46, s 787
- Legal rights on detention and arrest, Canadian Charter of Rights and Freedoms, ss 9, 10 and 24
- Decision to Prosecute, Alberta Crown Prosecution Service Guideline, 2022
- Alternative Measures Program, Alberta Crown Prosecution Service Guideline, 2023
