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 Arkansas, the criminal offense of resisting arrest is codified under Arkansas Code Annotated § 5-54-103. This statute defines resisting arrest as intentionally preventing or attempting to prevent a person known by the individual to be a law enforcement officer from effecting an arrest. The law covers actions such as using or threatening to use physical force against the officer or another, or any other means that creates a substantial risk of causing injury to the officer or another person. Additionally, fleeing from an officer can also constitute resisting arrest. In Arkansas, resisting arrest is typically classified as a Class A misdemeanor, which can result in penalties including jail time and fines. However, if the person uses a deadly weapon to resist arrest, the offense can be elevated to a Class D felony. It's important to note that the specific circumstances of the incident can affect the charges and penalties, and individuals facing such charges should consult with an attorney for legal advice tailored to their situation.