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 New Hampshire, the criminal offense of resisting arrest is codified under RSA 642:2 of the New Hampshire Revised Statutes Annotated. This statute defines resisting arrest as knowingly or purposely interfering with a law enforcement officer who is attempting to make an arrest or detention. This interference can be physical force, or any other act that impedes the officer's efforts. The statute covers not only resisting an officer directly but also actions that create a risk of bodily injury to any person, including the officer. It is important to note that providing a false name during questioning could also be considered obstructing government operations under RSA 642:1. Typically, resisting arrest in New Hampshire is classified as a misdemeanor offense, which can result in fines, imprisonment, or both. However, if the act of resistance or interference causes or risks causing bodily injury to anyone, the offense may be elevated to a class B felony.