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 Oklahoma, the criminal offense of resisting arrest is codified under Oklahoma Statutes Title 21, Section 268. This law states that any person who resists, attempts to resist, or aids another person in resisting an arrest by a peace officer is guilty of a misdemeanor. The resistance can be any action that impedes the officer's ability to make an arrest, such as struggling during handcuffing or providing false information. The statute makes it clear that resisting arrest is unlawful regardless of whether the arrest is legal or illegal. If convicted, individuals may face penalties including fines, imprisonment, or both. It is important for individuals in Oklahoma to understand that resisting arrest can lead to additional criminal charges on top of the original reason for the arrest, and seeking advice from an attorney can be crucial when facing such charges.