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 Massachusetts, the criminal offense of resisting arrest is codified under Massachusetts General Laws Chapter 268, Section 32B. This statute makes it a crime for an individual to knowingly prevent or attempt to prevent a police officer, acting under the officer's official capacity, from making an arrest. This includes using or threatening to use physical force against the police officer or another, or using any other means which creates a substantial risk of causing bodily injury to such police officer or another. It also includes providing a police officer with false identification information. Resisting arrest in Massachusetts is typically considered a misdemeanor offense, which can result in penalties such as fines, probation, and possible jail time. It's important for individuals in Massachusetts to understand that any physical confrontation or attempt to deceive law enforcement during an arrest can lead to charges of resisting arrest.