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 Wisconsin, the criminal offense of resisting arrest is codified under Wisconsin Statutes section 946.41, which prohibits intentionally obstructing an officer while the officer is doing any act in an official capacity and with lawful authority. This includes not only physical resistance during an arrest but also any act that interferes with the officer's duties, such as giving a false name during questioning. The statute covers not only police officers but also any person authorized to act in an official capacity or with lawful authority. Resisting arrest in Wisconsin is typically classified as a Class A misdemeanor, which can result in a fine of up to $10,000, imprisonment for up to 9 months, or both. However, if the resistance or obstruction creates a substantial risk of bodily harm to the officer or others, the offense can be elevated to a Class H felony, with increased penalties including a longer term of imprisonment.