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Criminal charges

resisting arrest

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 Idaho, the criminal offense of resisting arrest is codified under Idaho Code § 18-705. The statute defines the offense as willfully resisting, delaying, or obstructing any public officer, peace officer, or any person authorized by law in the discharge of or attempt to discharge any duty of their office or employment. This can include actions such as struggling during handcuffing or providing false information to the police. Resisting arrest in Idaho is considered a misdemeanor, which can result in penalties including fines, imprisonment, or both. It is important for individuals in Idaho to understand that any physical or deceptive means used to resist, delay, or obstruct an officer can lead to charges under this statute.

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Criminal charges

resisting arrest

Individual & Family Legal Plan

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Idaho State Code

Criminal charges

resisting arrest

Idaho State Code

Articles