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 Maine, the criminal offense of resisting arrest is codified under Maine Revised Statutes Title 17-A, §751-B. It is defined as intentionally or knowingly refusing to submit to an arrest or detention by a law enforcement officer, or intentionally or knowingly creating a substantial risk of bodily injury to the officer or another while resisting arrest. This includes physical actions such as struggling against handcuffing or providing false information to the police during questioning. Resisting arrest in Maine is typically classified as a Class D crime, which is a misdemeanor. Penalties for a Class D crime may include fines and imprisonment. It is important for individuals in Maine to understand that resisting arrest can lead to additional criminal charges on top of the original reason for the arrest, and it can complicate their legal situation significantly.