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 California, the criminal offense of resisting arrest is codified under California Penal Code Section 148(a)(1). This statute makes it illegal to willfully resist, delay, or obstruct a law enforcement officer or emergency medical technician (EMT) in the performance of their official duties. This includes actions such as struggling during handcuffing or providing false identification to an officer. The offense is typically charged as a misdemeanor, which can result in penalties including fines and imprisonment. It's important to note that the resistance does not need to be violent; even passive resistance can lead to charges under this statute. As with all criminal charges, the specifics of each case can affect the severity of the charges and the penalties imposed.