If you evade the police in Minnesota — on foot, in a car, or otherwise — you may be charged with an offense. In Minnesota, this charge is called “fleeing a peace officer” (or you may be charged with a similar crime: “obstructing legal process”).
In this post, we’ll take a closer look at how Minnesota law defines evading arrest, what prosecutors need to prove, and what to expect if you’re facing this kind of charge.
What is evading police in Minnesota?
In Minnesota, evading, hindering, or resisting arrest is covered under statutes 609.487 and 609.50:
- Minn. Stat. 609.487 covers fleeing a peace officer. This typically involves someone intentionally trying to escape a uniformed officer who is clearly performing official duties. It can include fleeing in a motor vehicle (which is a felony) or on foot (a misdemeanor).
- Minn. Stat. 609.50 covers obstructing legal process, which is broader. This can include physically resisting, interfering with, or obstructing an officer’s lawful duties—even if you're not literally running away. It’s often charged when someone doesn’t comply with arrest instructions or creates a delay during the process.
Resisting arrest in Minnesota
Resisting arrest in Minnesota is usually charged under 609.50, which criminalizes "obstructing, hindering, or preventing the lawful execution of any legal process, or apprehension of another on a charge or conviction of a criminal offense."
This broad language means that the statute can cover a range of actions, including:
1. Physical resistance
This is the most straightforward form—grabbing, pushing, pulling away from, or fighting with an officer during arrest.
Examples:
- Wrestling with officers
- Trying to escape handcuffs
- Blocking officers from making an arrest
2. Passive resistance
This involves refusing to comply without using force—such as going limp, refusing to stand, or not moving when ordered. Courts have upheld obstruction charges for passive resistance if it delays or interferes with the arrest in a meaningful way.
Examples:
- Refusing to exit a vehicle
- Lying down and not cooperating
- Staying silent when legally required to comply
3. Verbal resistance
Verbal resistance alone (like cursing at or insulting an officer) is generally protected speech under the First Amendment. However, threats, false statements, or interfering with lawful commands can cross the line into obstruction.
Examples:
- Lying about your identity during arrest
- Shouting commands to others to interfere
- Threatening the officer (could also trigger separate charges)
Failure to identify
Some states have specific “failure to identify” statutes — while Minnesota does not, a refusal to identify yourself can still lead to legal trouble in certain contexts:
- If you actively refuse to identify yourself during a lawful stop or arrest, and that refusal interferes with the officer’s duties, you could be charged with obstruction because your refusal impacts the officer’s ability to do their job.
- If you're driving, Minnesota law does require you to show your driver’s license when asked. Refusing to do so can result in criminal charges.
- Officers will often use refusal to identify as a justification to arrest or detain a person until identification can be accomplished by alternative means. If a person’s finger prints are not in the system, this can result in lengthy detentions.
Consequences of evading arrest
In Minnesota, the penalties for evading an officer depend on how the fleeing occurs — fleeing in a motor vehicle carries far more serious consequences than fleeing on foot.
Fleeing a peace officer in a motor vehicle is a felony punishable by up to 3 years and one day in prison, a $5,000 fine, or both. If the flight results in bodily harm to someone else, the penalty increases to 5 years and $10,000; great bodily harm bumps it up to 7 years and $14,000. If someone dies as a result of the flight, the maximum penalty is 40 years in prison and an $80,000 fine.
Fleeing on foot or hiding, on the other hand, is typically charged as a misdemeanor, with penalties of up to 90 days in jail and fines up to $1,000.
You can be charged for helping someone else evade arrest
In Minnesota, those who help or harbor a fugitive can be charged with a crime, too. These charges are outlined in Minn. Stat. 609.495, called “aiding an offender”.
Under this statute, it is a crime to assist someone who has committed a felony in avoiding arrest, prosecution, conviction, or punishment. This includes acts like hiding the person, giving them false information to use, lying to law enforcement, destroying evidence, or helping them escape. The statute doesn't require you to have participated in the original crime — you just need to knowingly help the offender avoid consequences after the fact.
Defending a Fleeing or Obstructing charge
Being charged with fleeing a peace officer or obstructing legal process can feel overwhelming — but it’s not the end of the story. Whether you ran on foot, drove away, or are accused of helping someone else flee, there are legal defenses available—and plenty of opportunities to challenge the case.
Evading police charges can be dismissed, but it depends on the facts. To convict, prosecutors must prove you knew law enforcement was trying to stop or arrest you — and that you intentionally fled. If the officer wasn’t clearly identifiable, if the stop was unlawful, or if there’s no evidence of intentional flight, the case may not hold up in court.
If you're convicted, this can have long-term consequences for employment, housing, and licensing. While expungement is possible in some cases, you must endure a waiting period after the case closes before you can even apply. Waiting periods vary, but can last several years — so it’s always worth it to fight this charge with everything you’ve got before you’re stuck with a conviction and the collateral consequences that come along with it.
Do I need a lawyer?
Don’t wait to call. Getting a lawyer involved early can make a big difference—especially before your first appearance in court. A good defense attorney can start reviewing evidence, negotiate bail, and in some cases, speak to the prosecutor early enough to prevent formal charges altogether or at least push for a lesser charge.
The earlier you get legal help, the more options you have. Start by scheduling a free consultation with us below.
