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 Missouri, the criminal offense of resisting arrest is covered under Missouri Revised Statutes Section 575.150. According to this statute, a person commits the crime of resisting arrest when they knowingly resist or interfere with an arrest, stop, or detention of themselves or another person by using or threatening the use of violence or physical force or by fleeing from such arrest, stop, or detention. Resisting arrest in Missouri is typically classified as a Class E felony if the resistance or interference involves a risk of physical injury or death to any person, including the person being arrested. Otherwise, it is considered a Class A misdemeanor. It is important to note that giving false information to a police officer during questioning could also be charged under separate statutes related to providing false information or obstructing justice. As with all criminal offenses, the specific circumstances of the incident can affect the charges and potential penalties, and an attorney can provide guidance on the matter based on current Missouri law.