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 Colorado, the criminal offense of resisting arrest is codified under Colorado Revised Statutes Section 18-8-103. This statute defines resisting arrest as knowingly preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another by using or threatening to use physical force or violence against the peace officer or another. It also includes the act of using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. Resisting arrest in Colorado is classified as a class 2 misdemeanor, which can result in penalties including fines, imprisonment, or both. It is important to note that providing false identification to a police officer may also be charged under a separate statute, such as criminal impersonation, which is a more serious offense and can be classified as a felony depending on the circumstances.