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 Virginia, the criminal offense of resisting arrest is codified under Virginia Code § 18.2-460, which makes it unlawful for any person to intentionally prevent or attempt to prevent a law enforcement officer from lawfully arresting them. This can include using physical force or any act that creates a substantial risk of bodily injury to the officer or another. The offense is typically classified as a Class 1 misdemeanor, which is punishable by up to 12 months in jail and a fine of up to $2,500. The statute also covers providing false information to a police officer, which can be considered obstructing justice. It's important to note that the specific circumstances of the incident can affect the charges and penalties, and additional charges can be brought if the resisting arrest results in injury to the officer. As with all criminal offenses, the interpretation and application of the law can vary, and an attorney can provide guidance on the specifics of a case in Virginia.