Is resisting arrest considered a violent crime?
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Is resisting arrest considered a violent crime?
I have a misdemeanor for resisting arrest. My employer wants to terminate me because they feel it is a violent crime. In some states I’ve found resisting arrest with violence is a felony conviction and non-violence is a misdemeanor.
Asked on March 7, 2011 under Criminal Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The big problem for you is that ultimately, the statutory definition almost certianly does not count. (Though to the degree it has any weight, you should presumably refer to Washington State's definition.) That's because unless you have an employment contract which specifices grounds or process for termination, you are an employee at will. An employee at will may be fired by his or her employer at any time, for any reason whatsoever--even for no reason at all--with the exception that an employee cannot be discriminated against because of a protected characteristics, such as race, religion, sex, age over 40, or disability. So unless you have a contract (including a union agreement) or feel you are the victim of discrimination, if your employer wants to fire you for this reason, they may do so regardless of how the law defines resisting arrest.
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