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 York, the criminal offense of resisting arrest is codified under New York Penal Law Section 205.30. A person is guilty of resisting arrest when they intentionally prevent or attempt to prevent a police officer or peace officer from making an authorized arrest of themselves or another person. This can include physical actions such as struggling to avoid being handcuffed, as well as non-physical actions like providing false information to the police. Resisting arrest in New York is classified as a Class A misdemeanor. This means that if convicted, an individual could face up to one year in jail or three years of probation, and/or a fine. It is important for individuals to understand that even passive resistance can lead to charges of resisting arrest in New York. Those accused of this offense should consult with an attorney to understand their rights and the legal implications of their case.