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 Arizona, the criminal offense of resisting arrest is codified under Arizona Revised Statutes § 13-2508. It is unlawful for a person to intentionally prevent or attempt to prevent a peace officer, acting under color of their official authority, from effecting an arrest by either using or threatening to use physical force against the peace officer or another, or by using any other means creating a substantial risk of causing physical injury to the peace officer or another. It also includes engaging in passive resistance, which is defined as a nonviolent physical act or failure to act that is intended to impede, hinder, or delay the action of a peace officer. Resisting arrest in Arizona can be classified as a misdemeanor or a felony, depending on the circumstances of the resistance. If the resistance involves the use of a deadly weapon or dangerous instrument, or if it results in physical injury to the officer, the offense may be elevated to aggravated resisting arrest, which is a more serious charge.