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 North Carolina, the criminal offense of resisting arrest is codified under North Carolina General Statutes § 14-223, which makes it unlawful for any person to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of their office. This includes resisting arrest by a law enforcement officer. The statute covers a range of behaviors, including physical resistance as well as providing false information to an officer. Resisting arrest in North Carolina is typically classified as a Class 2 misdemeanor, which can result in penalties such as fines, probation, and possible jail time. It's important for individuals to understand that any form of resistance, whether slight or significant, can lead to charges under this statute. As with all criminal charges, the specific circumstances of the case can affect the severity of the penalties imposed.