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 Mississippi, the criminal offense of resisting arrest is covered under Mississippi Code Section 97-9-73. This statute makes it unlawful for any person to willfully resist or oppose any law enforcement officer, peace officer, or other official responsible for enforcing the law when the officer is making an arrest or attempting to make an arrest. The resistance can be through physical force or any other means that creates a substantial risk of causing bodily injury to the officer or another. Additionally, providing false information to a police officer during an arrest or questioning can also be considered a form of resisting arrest. In Mississippi, resisting arrest is typically classified as a misdemeanor, which can result in fines, imprisonment, or both, depending on the circumstances of the offense and the presence of any aggravating factors.