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 Oregon, the criminal offense of resisting arrest is codified under ORS 162.315. It is defined as intentionally resisting a person known to be a peace officer in the lawful performance of their duties through the use of physical force. This includes actions such as struggling while handcuffs are being placed or providing false information to an officer during an arrest or criminal investigation. Resisting arrest in Oregon is classified as a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $6,250. It's important to note that the specifics of the charge can vary based on the circumstances of the incident and the discretion of the arresting officers and prosecutors.