The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.
Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.
In Alabama, the criminal offense of resisting arrest is codified under Alabama Code Section 13A-10-41. This statute defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from effecting a lawful arrest of oneself or another person. The law covers actions such as using or threatening to use physical force against the officer, or any other means that creates a substantial risk of causing bodily injury to the officer or someone else. Resisting arrest in Alabama is considered a Class B misdemeanor. This means that if convicted, a person could face up to six months in jail and fines. It's important to note that the law in Alabama does not require that the resistance be violent; even passive resistance could potentially lead to charges under this statute. As with many legal matters, the specific circumstances of an incident can greatly affect the legal outcome, and an attorney can provide guidance on how the law might apply to a particular situation.