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 Rhode Island, the criminal offense of resisting arrest is codified under Rhode Island General Laws § 12-7-10. This statute defines resisting arrest as knowingly and willfully resisting, obstructing, or opposing any law enforcement officer in the execution of legal duty, including the making of an arrest. The law covers actions such as using or threatening to use physical force against the officer, creating a substantial risk of bodily injury to the officer or anyone else, or using any other means that creates a risk of injury or delays the arrest. Resisting arrest in Rhode Island is typically classified as a misdemeanor, which can result in penalties including fines, imprisonment, or both. It is important for individuals to understand that any form of physical resistance or obstruction during an arrest can lead to this charge, and the consequences can be significant. An attorney can provide specific guidance and representation if someone is facing such charges.