Miscellaneous Crimes - Criminal Defense - for Marion, Polk, and Linn County

Interfering with a peace officer—

 A person commits the crime of interfering with a peace officer under ORS 162.247 if the person knows that the other person is a peace officer and either: (a) intentionally acts in a manner that prevents, or attempts to prevent, a peace officer from performing the lawful duties of the officer with regards to another person; or (b) refuses to obey a lawful order by the peace officer.  However, this law does not apply in situations where the person is engaging in activity that would constitute resisting arrest under ORS 162.315, or passive resistance.   Interfering with a peace officer is a Class A misdemeanor.  The maximum penalty is 1 year in jail and a $6,250 fine. 

Resisting Arrest

A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer in making an arrest.  “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.  It is no defense that the officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.  Resisting arrest is a Class A misdemeanor.  The maximum penalty is 1 year in jail, and a $6,250 fine.

Giving False Information

A person commits the crime of giving false information to a peace officer for issuance or service of a citation or for an arrest on a warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of: (a) the officer’s issuing or serving the person a citation; or (b) the officer’s arresting the person on a warrant.  Giving False Information is a Class A misdemeanor,  The maximum penalty is 1 year in jail and a $6,250 fine.

  

 


Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
(503) 378-7744, (503) 378-1013 Fax

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Crimial Defense services in Marion County, Polk County, and Linn County, Oregon