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 Louisiana (LA), the criminal offense of resisting arrest is covered under Louisiana Revised Statutes Title 14:108. Resisting an officer is defined as the intentional prevention or obstruction of any person authorized by law from performing any lawful act connected with the administration of justice. This includes resisting by force or violence, giving a false name or information, or using any other means that creates a risk of injury to the officer or another person. The offense can be charged as a misdemeanor or a felony, depending on the circumstances, such as whether the resistance involved violence or the threat of violence. If convicted, penalties can include fines, imprisonment, or both. It is important for individuals in Louisiana to understand that any physical or deceptive means used to resist, delay, or obstruct an officer during an arrest can lead to criminal charges.