For some time, Missouri has been cracking down on motorists who flee a traffic stop. Now Missouri has passed a new criminal law that allows prosecutors to charge those who run from police in a vehicle with a very serious felony charge called aggravated resisting arrest. This new law went into effect in 2024 and is also known as “Valentine’s Law”, in honor of Detective Antonio Valentine, a St. Louis County officer that was killed during a high speed chase in 2021.
If you are accused of aggravated resisting arrest in St. Charles County, Lincoln County, or anywhere in Missouri, the consequences can be life-changing. Mandatory incarceration, prison time, a felony record, and long-term damage to your future are all possible.
At James Law Group in St. Peters, Missouri, we defend people facing serious criminal charges across St. Charles County, Lincoln County, St. Louis County, Boone County, Jefferson County, and beyond. Our approach is simple: confident, direct, and focused on protecting your rights.
What Is Aggravated resisting arrest in Missouri?
In Missouri, simple resisting arrest happens when someone intentionally tries to prevent police from making a lawful arrest or traffic stop. This can include:
- Using force against an officer
- Threatening force
- Interferes with the arrest of another
- Fleeing on foot
- Driving away from police attempting to conduct a traffic stop
Under that law, resisting arrest is a misdemeanor unless the the officer is trying to make a felony arrest or, if in the process of resisting, the defendant creates a substantial risk to any life or to someone else’s property. If the officer is trying to make a felony arrest or if the the person resists the arrest by “flight” (running) and creates a substantial risk of serious physical injury or death to anyone or creates a substantial risk to someone else’s property, then it is a “class E” felony. A class E felony carries a punishment range of one day in jail up to four years in prison. A person charged with this offense is eligible for probation rather than incarceration.
The new offense of aggravated resisting arrest has the exact same requirements as felony resisting arrest by “flight” (running) if it occurs in a vehicle. However, the new “aggravated resisting arrest” law carries much more serious consequences. Most obviously, this new charge is a “class D” felony, which carries up to seven years in prison. The most significant difference in practice, however, is the new charge carries a requirement that a person convicted of it MUST be incarcerated for at least one year before being placed on probation or released on parole.
Moreover, if the chase actually causes any injury to another person, the defendant can receive up to fifteen years in prison and, if someone is killed, the defendant can receive life in prison.
In plain English:
Previously, if a person led police on a high-speed chase, they could only be charged with “resisting arrest.” It was possible to receive probation. Now, the prosecutor has the choice to charge the more serious offense, of aggravated resisting arrest that requires anyone found guilty to be locked up for at least one year.
Why Missouri Created the Crime of Aggravated resisting arrest
It almost goes without saying that leading police on a high speed chase is extremely dangerous. Before this law, such cases could only be charged as a class E felony, the lowest level felony in Missouri, unless someone was seriously injured or killed. Prosecutors argued that the law did not adequately reflect the danger of high-risk police chases.
The new aggravated resisting arrest law:
- Increases penalties for dangerous flight
- Gives prosecutors stronger charging options
- Aims to deter risky police pursuits
- Emphasizes public safety
For defendants, this means a dumb decision often leads to extended periods in jail or prison.
Aggravated Resisting Arrest vs. Regular Resisting Arrest
Understanding the difference matters.
Regular Resisting Arrest
This may involve:
- Pulling away from police as they try to restrain you or put you in handcuffs
- Running away on foot
- Struggling during an arrest
These cases are often misdemeanors, though they can sometimes be felonies if the original arrest is for a felony offense or if the resistance creates a substantial danger.
Aggravated Resisting Arrest
This involves flight in a vehicle that creates a substantial danger. It is also important to note that the requirement of creating a substantial danger of serious physical injury or death, includes the risk to the person fleeing. So, even on a road with no traffic, fleeing at a high rate of speed can create a substantial danger to the driver running from the police and still trigger this new law.
Courts and prosecutors look at factors such as:
- Speed and reckless driving
- Risk to pedestrians or other drivers
- Length of the pursuit
- Use of a vehicle as a weapon
- Near-collisions or accidents
The more dangerous the conduct, the more likely the prosecutor will choose to charge the defendant with aggravated resisting arrest.
Is Aggravated Resisting Arrest a Felony in Missouri?
Yes, always.
The severity depends on:
- Whether anyone was injured
- Whether anyone died as a result
Consequences include:
- Felony conviction
- A minimum of one year in prison or jail.
- Large fines and court costs
- Loss of driving privileges
- Permanent criminal record
A felony conviction can follow you for the rest of your life.
Common Situations Leading to Aggravated Resisting Arrest Charges
Many people charged with aggravated resisting arrest did not intend to harm anyone. Often, the situation begins with fear, confusion, or panic. Just as often, people just don’t realize how dangerous it is or how serious the consequences can be – particularly now, with this new law in place. Rarely do car chases result from career criminals or people fleeing because they are violent people. Most of the time they are ordinary people who made a really dumb decision.
Common scenarios include:
Traffic Stops in St. Charles County or Lincoln County
- A driver panics and drives away
- Not wanting to go to jail because of minor outstanding warrants or tickets
- wanting to avoid the hassle of a speeding ticket
- thrills
- fleeing from traffic stops often results from young people with sports bikes that can easily outrun police cars
common locations for high speed Police Pursuits
- High-speed driving on highways like I-70, Highway 40/61 (I-64), Highway 63, or Highway 79
- Rural letter highways that have light traffic and lots of curves
- gravel roads
Related Charges
Aggravated resisting arrest often appears with other charges, such as:
- DWI or DUI
- Speeding
- Driving while suspended or revoked
- Drug offenses
What Prosecutors Must Prove in an Aggravated Resisting Arrest Case
To convict someone of aggravated resisting arrest, the state must prove several key elements beyond a reasonable doubt:
- Police were attempting a lawful arrest or stop
- The defendant knew or should have known police were trying to stop them
- The defendant intentionally fled in a vehicle
- The flight created a substantial risk of serious physical injury or death
If prosecutors cannot prove any one of these elements, the case may be challenged.
Defenses to Aggravated Resisting Arrest in Missouri
Every case is different, but common defenses include:
1) the chase did not create a substantial risk
When the chase happens on empty or near-empty roads and where the fleeing car doesn’t stray into on-coming traffic or travel at extremely high speeds.
2) Lack of knowledge
The defendant may not have intended to flee. For example:
- They did not realize police were signaling them
- They were trying to find a safe place to pull over
4) Identity
When the fleeing vehicle “gets away,” it can be extremely difficult to prove who was driving beyond a reasonable doubt.
5) Constitutional Violations
Illegal searches, improper police conduct, or rights violations can lead to suppressed evidence.
6) Reasoning with the prosecutor
Not all police chases are equally dangerous and not all defendants who ran from the police deserve a year in jail. In some circumstances, prosecutors can be convinced to reduce the charges to simple resisting arrest to allow the defendant to be put on probation.
A skilled Missouri criminal defense lawyer can identify weaknesses in the prosecution’s case to obtain an acquittal or avoid the worst outcomes.
Why Aggravated Resisting Arrest Cases Are Complex
These cases often rely heavily on evidence such as:
- Bodycam footage
- Dashcam video
- GPS and speed data
- Witness statements
- Surveillance footage
- Statements of the Defendant
Police reports do not always tell the full story. Independent legal analysis is essential.
How the Law Affects St. Charles County and Lincoln County
Aggravated resisting arrest charges are increasingly common in:
- St. Charles County
- Lincoln County
- St. Louis County
- Boone County
- Jefferson County
- Franklin County
- Audrain County
- Montgomery County
- Warren County
- Pike County
Local prosecutors in these communities often prosecute these cases aggressively – often requesting defendants be denied bond (be held in jail until the case is resolved).
Early legal representation can make a significant difference.
Long-Term Consequences of an Aggravated Resisting Arrest Conviction
A conviction can impact your life far beyond the courtroom.
Second amendment rights
a person found guilty of aggravated resisting arrest becomes a convicted felony and cannot legally possess firearms.
Employment
Many employers conduct background checks. A felony record can limit job opportunities.
Driving Privileges
Felony charges involving vehicles lead to license revocation and the inability to obtain hardship license or limited driving privileges.
Professional Licenses
CDL holders, healthcare workers, teachers, and other professionals may face discipline or lose their licensure altogether.
Housing and Education
Landlords and schools often review criminal records.
Immigration Consequences
Non-citizens may face deportation.
What to Do If You Are concerned about being charged With Aggravated Resisting Arrest
If you are facing an aggravated resisting arrest charge in Missouri, your next steps are critical.
Do Not Talk to Police Without a Lawyer
Anything you say can be used against you. In many cases, the defendant’s admission to being the driver is the only evidence the convicts them.
Contact a Missouri Criminal Defense Lawyer Immediately
Early legal strategy can reduce charges, suppress evidence, or even lead to dismissal.
At James Law Group, we:
- Investigate the facts
- Challenge police conduct
- Negotiate with prosecutors
- Fight for reduced charges or dismissal
- Prepare aggressively for trial
- Obtain not guilty verdicts when the prosecutor can’t prove the charges
Frequently Asked Questions About Aggravated Resisting Arrest
Is running from police always a felony in Missouri?
No. It becomes aggravated when the flight creates serious danger.
Can I be charged if no one was injured?
Yes. Injury is not required. Risk of serious physical injury can be enough.
Can aggravated resisting arrest charges be reduced?
Yes, in some cases. An experienced lawyer may argue use weaknesses in the State’s case and/or argue a lessor punishment is more reasonable to obtain a reduced charge.
What if I panicked or didn’t understand how serious it was?
Panic and ignorance are not defenses, but they can be relevant for negotiations and sentencing.
Why Hiring the Right Lawyer Matters
Aggravated resisting arrest is a serious criminal charge. Prosecutors often pursue harsh penalties because these cases involve law enforcement and public safety.
You need a defense strategy that is:
- Strategic
- Evidence-driven
- Aggressive when necessary
- Focused on protecting your future
At James Law Group, we defend clients across Missouri with one clear mission: protect your rights and your future.
Talk to a Missouri Criminal Defense Lawyer Today
If you or a loved one is facing a charge for aggravated resisting arrest, do not wait.
The sooner you act, the more options you may have.
James Law Group
Serving St. Charles County, Lincoln County, St. Louis County, Boone County, Jefferson County, Franklin County, the I-70 corridor and surrounding counties.