Resisting or Obstructing an Officer Defense Lawyer in Wisconsin

Charged with Resisting or Obstructing an Officer under Wis. Stat. § 946.41? Even minor acts of resistance, hesitation, or false information can lead to prosecution. Call today for a free consultation.

(608) 250-3500

What the Law Says About Resisting and Obstructing

Under Wis. Stat. § 946.41, it is a crime to knowingly resist or obstruct an officer performing official duties with lawful authority.

  • “Resist” means using force or threat of force to oppose an officer.
  • “Obstruct” includes knowingly giving false information or placing evidence to mislead an officer.
  • The base offense is a Class A misdemeanor.
  • It becomes a Class H felony if the conduct causes a soft-tissue injury or misleads a court into convicting an innocent person.
  • It becomes a Class G felony if the act causes great bodily harm to an officer.

What the State Must Prove

To convict a person of Resisting or Obstructing an Officer under Wis. Stat. § 946.41, the State must prove each of the following elements beyond a reasonable doubt:

  1. The defendant either resisted or obstructed an officer.
    • Resisting means opposing an officer by force or threat of force directed at the officer personally.
    • Obstructing means that the conduct of the defendant prevents or makes more difficult the performance of the officer’s duties. This also includes knowingly giving false information to an officer or knowingly placing physical evidence with intent to mislead the officer in the performance of official duties.
  2. The officer was doing an act in an official capacity.
  3. The officer was acting with lawful authority.
  4. The defendant knew that the person was an officer acting in an official capacity and with lawful authority, and knew that their conduct would resist or obstruct the officer.

These elements are derived from Wis JI–Criminal 1765 (Obstructing) and Wis JI–Criminal 1766 (Resisting).

Penalties and Classification

Charge Type

Classification

Maximum Penalty

Basic violation (§ 946.41(1))

Class A Misdemeanor

9 months jail + $10,000 fine

Causes soft-tissue or substantial injury (§ 946.41(2r))

Class H Felony

6 years prison + $10,000 fine

False info leads to conviction of innocent person (§ 946.41(2m))

Class H Felony

6 years prison + $10,000 fine

Causes great bodily harm to officer (§ 946.41(2t))

Class G Felony

10 years prison + $25,000 fine

Common Scenarios in Wisconsin

  • Pulling away or stiffening during arrest
  • Running or hiding after a traffic stop
  • Providing a false name or date of birth
  • Interfering with another person’s arrest
  • Confusion or fear misinterpreted as resistance

These charges often accompany Disorderly Conduct, Battery to Law Enforcement, or Bail Jumping.

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Defenses and Legal Strategies

  • Lack of Lawful Authority — The officer must have been acting under lawful authority. If a stop or arrest was unconstitutional, the charge cannot stand.
  • No Intent or Knowledge — The State must prove the defendant knew the person was an officer and intentionally resisted or obstructed. Confusion or panic is not resistance.
  • False-Statement Limitation — Only statements that are knowingly false and intended to mislead qualify as obstruction. Miscommunication or mistakes are not crimes.
  • Self-Defense Against Excessive Force — Under Wis. Stat. § 939.48, limited resistance is allowed when officers use unreasonable or unlawful force.
  • Video and Credibility Challenges — Body-camera and squad footage often reveal inconsistencies in officer reports or prove the client did not resist.

Why Hiring a Resisting or Obstructing Defense Lawyer Matters

Resisting or Obstructing charges hinge on video evidence, officer credibility, and legal authority. A skilled defense attorney can challenge the lawfulness of the encounter and highlight misunderstandings before trial. At Chirafisi Anderson, S.C., our attorneys:

Local Experience matters. Defend § 946.41 cases across Southern and Central Wisconsin including Dane, Rock, Iowa, Green, Dodge, Columbia, Jefferson, and Sauk Counties

Proven track record of results. Our firm has obtained dismissals, acquittals, and charge reductions in resisting and obstructing cases throughout Wisconsin.

Recognized legal excellence. Chirafisi Anderson’s attorneys are recognized by Super Lawyers® and respected by state and national criminal-defense associations.

View some of the criminal case results from the attorneys at Chirafisi Anderson, S.C.

Contact Chirafisi Anderson, S.C.

A Resisting or Obstructing charge can have serious consequences. Don’t face it alone.

Call Chirafisi Anderson, S.C. today for a free consultation with an experienced criminal defense lawyer.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – Resisting or Obstructing an Officer in Wisconsin

No. The State must prove the act was knowing and intentional.

Only if it was knowingly false and intended to mislead the officer.

No. In Henes v. Morrissey, the Wisconsin Supreme Court ruled that silence is not obstruction.

If the officer lacked lawful authority, resistance may not constitute a crime.

When the conduct causes injury or great bodily harm to an officer, or when false information leads to conviction of an innocent person.