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 Florida, the criminal offense of resisting arrest is codified under Florida Statutes Section 843.02, which is titled 'Resisting officer without violence to his or her person.' This statute makes it unlawful for any person to resist, obstruct, or oppose any officer (which includes police officers, probation officers, parole officers, and other persons legally authorized to execute process) in the execution of legal duties without offering or doing violence to the officer's person. This includes actions such as giving a false name during questioning or struggling while handcuffs are being placed. Resisting arrest without violence in Florida is typically classified as a first-degree misdemeanor, which can result in penalties including up to one year in jail, one year of probation, and a $1,000 fine. It's important to note that if violence is offered to the officer during the resistance, the offense is elevated to 'resisting officer with violence,' which is a more serious charge and can be classified as a third-degree felony under Florida Statutes Section 843.01.