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 Mexico, the criminal offense of resisting arrest is covered under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-22-1. This statute defines resisting, evading, or obstructing an officer as intentionally committing acts that obstruct, resist, or oppose any member of law enforcement in the lawful discharge of their duties. This includes resisting arrest, which can be as minimal as providing a false name during questioning or struggling while being handcuffed. The offense is typically classified as a misdemeanor, but the charges can escalate to a fourth-degree felony if the act of resistance or evasion involves a battery upon a peace officer. The specific circumstances of the incident, such as the use of force or the presence of injury to an officer, can influence the severity of the charges and penalties.