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 Nebraska, the criminal offense of resisting arrest is covered under Nebraska Revised Statute 28-904. This statute defines resisting arrest as intentionally preventing or attempting to prevent a peace officer, who is acting under color of his or her official authority, from effecting an arrest. The law considers both the use of or threat to use physical force against the peace officer or another, as well as any other means creating a substantial risk of causing bodily injury to the peace officer or another. It is important to note that in Nebraska, resisting arrest is classified as a Class I misdemeanor. However, if a person uses a deadly weapon to resist arrest, the offense is elevated to a Class IIIA felony. The statute also covers providing false information to an officer, which is a separate offense and can lead to additional charges. As with all criminal statutes, the specific circumstances of an incident can affect the charges and potential penalties, so it is advisable to consult with an attorney for legal advice tailored to the individual case.