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 Tennessee, the criminal offense of resisting arrest is codified under Tennessee Code Annotated (T.C.A.) § 39-16-602. This statute defines resisting arrest as intentionally preventing or obstructing anyone known to the person to be a law enforcement officer from effecting a stop, frisk, halt, arrest, or search of any person by using force against the officer or another. It also includes the use of force against any person with the intent to cause bodily injury to the officer or another person. In Tennessee, resisting arrest is typically classified as a Class A misdemeanor. However, if the actions of the person resisting arrest cause or lead to bodily injury to the officer, the offense can be elevated to a Class D felony. It is important to note that providing a false name during questioning could also be considered a separate offense under Tennessee law, such as criminal impersonation, depending on the circumstances.