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 Delaware, the criminal offense of resisting arrest is codified under Title 11, Section 1257 of the Delaware Code. This statute defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from effecting an arrest or detention of the person or another person by using or threatening to use physical force or violence against the law enforcement officer or by using any other means which creates a substantial risk of causing physical injury to the law enforcement officer or another. It also includes providing false information to a law enforcement officer with the intent to hinder or delay the officer in the performance of his or her duties. Resisting arrest in Delaware is typically classified as a misdemeanor, which can result in fines, imprisonment, or both, depending on the circumstances of the case and the presence of any aggravating factors.