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 Indiana, the criminal offense of resisting arrest is codified under Indiana Code 35-44.1-3-1. This statute makes it unlawful for a person to knowingly or intentionally forcibly resist, obstruct, or interfere with a law enforcement officer or a person assisting the officer while the officer is lawfully executing their duties. This includes situations where an individual struggles during handcuffing or provides false information to the police. Resisting arrest in Indiana can be charged as a misdemeanor or a felony, depending on the circumstances of the case. If the act of resistance or obstruction results in bodily injury to another person, the offense can be elevated to a felony. It's important to note that the specific charges and penalties can vary based on the details of the incident, such as the presence of a weapon, the degree of force used, or whether a vehicle was used to flee from law enforcement.