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 South Carolina, the criminal offense of resisting arrest is codified under South Carolina Code of Laws Section 16-9-320. It is unlawful for a person to knowingly and willfully oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. This includes resisting arrest by running away, providing false information, or using any amount of physical force to resist, delay, or obstruct the officer. The offense is typically classified as a misdemeanor, which can result in penalties such as fines, imprisonment, or both. However, if a deadly weapon is used to resist arrest, the offense may be elevated to a felony, leading to more severe consequences.