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 West Virginia, the criminal offense of resisting arrest is codified under West Virginia Code §61-5-17. This statute makes it unlawful for any person to intentionally prevent or attempt to prevent a law enforcement officer from lawfully arresting them. This includes using any physical force or any other means to resist, delay, or obstruct an officer during the process of a lawful arrest. The actions that can constitute resisting arrest may include struggling against an officer's attempt to handcuff an individual or providing false information during questioning. In West Virginia, resisting arrest is typically classified as a misdemeanor offense. Penalties for resisting arrest can include fines, imprisonment, or both, depending on the circumstances of the case and the presence of any aggravating factors.