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 Vermont, the criminal offense of resisting arrest is codified under Vermont Statutes Annotated (V.S.A.), specifically in Title 13 (Crimes and Criminal Procedure), Section 3017. According to this statute, a person is guilty of resisting arrest if they intentionally prevent or attempt to prevent a law enforcement officer from making an arrest by (1) using or threatening to use physical force or violence against the law enforcement officer or another, or (2) using any other means which creates a substantial risk of causing bodily injury to such law enforcement officer or another. It is important to note that providing a false name during questioning could also be considered obstructing justice under Vermont law, which is a separate offense. Resisting arrest in Vermont is typically classified as a misdemeanor, which can result in penalties including fines and imprisonment. As with all criminal statutes, the specific circumstances of an incident and the individual's actions will determine the exact charges and penalties.