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 Maryland, the criminal offense of resisting arrest is codified under Maryland law in the Criminal Law Article, Section 9-408. This statute makes it illegal for a person to intentionally resist a lawful arrest by a law enforcement officer. The resistance can be through any form of physical force or any action that creates a substantial risk of physical injury to the officer or another. Additionally, providing false information to an officer, such as giving a false name during questioning, can also be considered obstructing and hindering a police officer, which is addressed under Section 9-306 of the Maryland Criminal Law Article. Resisting arrest in Maryland is typically classified as a misdemeanor, which can result in fines, imprisonment, or both, depending on the circumstances of the offense and the presence of any aggravating factors.