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Assault With Intent to Resist Arrest

Assault with Intent to Resist Arrest
Contrary to Section 38 of the Offences Against the Person Act 1861

This offence is committed when a person assaulted another person with the intention of resisting arrest, or preventing the lawful apprehension/detention of himself/herself to another, for any offence.


How Can You Defend An Assault With Intent to Resist Arrest Allegation?

If you are charged by the CPS with assault with intent to resist arrest, you will need to instruct specialist assault solicitors who will listen to your side of the story and advise you on whether to plead guilty or not guilty.  They will review the evidence against you and advise on the strength of any defence you may appear to have.

This offence covers assaults against individuals who may be trying to apprehend or detain an offender, such as store detectives, as well as police officers (although you would typically be charged with assault PC in those circumstances)

What are the sentencing powers for this offence?

This is an either way offence, which means sentencing can take place in the magistrates’ or crown court, depending on the seriousness of the offence.

There is a maximum penalty of two years’ imprisonment on indictment (crown court) and/or an unlimited fine.

If sentenced summarily (at the magistrates’ court), the maximum sentence is six months’ imprisonment and/or a fine not exceeding the statutory minimum.

The sentence the court impose will depend on a number of factors such as the seriousness of any injuries, your previous convictions and the circumstances surrounding the offence. It is important that your case is presented in the best possible light to get the most lenient outcome. 


How Can Forrest Williams Help?

We are experienced assault solicitors.

We are a private firm who do not offer any Legal Aid.  Our clients are people who decide their cases are too important to risk to Legal Aid, or people who do not qualify for Legal Aid.

Your case will be prepared fully to ensure that the court see the whole picture to ensure they deal with you leniently.

We are an award-winning firm and are included in the prestigious Legal 500 directory of the leading law firms nationally.

Instruct us and discover why we win awards for our client care.

With Forrest Williams on your side, you’re in control.  You can depend on us.



We know you will want to discuss your assault with intent to resist arrest.  Call us on 01623 397200 for a free and honest assessment of your chances of success.

Get in touch or request a free callback

    • Private Prosecution