Resisting Arrest

“Resisting arrest” is a term used to describe a criminal charge against an individual who has either eluded a police officer who attempted to arrest the individual, or used or threatened to use force against an officer during an arrest, or provided an officer with false identification either verbally or by presentation of a false official document.  Resisting an arrest is a misdemeanor.  Resisting arrest typically means that an arrestee physically struggles with an officer as s/he tries to place on handcuffs or as the arrestee is being placed in a patrol car or jail cell.  When a person attempts to physically restrain an officer to prevent the arrest of another, or when a person verbally abuses or taunts an officer, s/he is interfering with the duties of an officer.

A common defense to resisting arrest is that the officer acted with excessive force.  An arrestee is expected to comply with an officer’s reasonable actions to affect an arrest.  However, the arrestee is allowed to defend himself/herself from unreasonable excessive force used by the officer.


Inside Resisting Arrest