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 Washington State, the criminal offense of resisting arrest is codified under RCW 9A.76.040, which defines 'Resisting Arrest' as intentionally preventing or attempting to prevent a peace officer from lawfully arresting someone. This includes using or threatening to use physical force against the officer or another, or using any other means that creates a substantial risk of causing bodily injury to the officer or another. It is important to note that passive resistance, such as going limp, is not considered resisting arrest under Washington law. Resisting arrest in Washington is typically classified as a misdemeanor, which can result in penalties including fines and jail time. The law in Washington does not specifically mention giving a false name during questioning as resisting arrest, but providing false information to a police officer can be charged under other statutes, such as RCW 9A.76.175, 'Making a false or misleading statement to a public servant.'