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 Jersey, the criminal offense of resisting arrest is codified under N.J.S.A. 2C:29-2. A person is charged with resisting arrest if they purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. The law covers actions such as running away from the officer, using or threatening to use physical force or violence, or using any other means to create a substantial risk of causing physical injury to the public servant or others. Typically, resisting arrest in New Jersey is classified as a disorderly persons offense. However, if the individual resists arrest by using or threatening to use violence or force against the officer, it can be elevated to a crime of the fourth degree. If the resistance or interference causes bodily injury to the officer, it may be further escalated to a crime of the third degree. Giving a false name to an officer during questioning could also be charged under separate statutes related to hindering one's own apprehension or that of another, which is addressed in N.J.S.A. 2C:29-3.