Resisting arrest

In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

The website Resisting Arrest stated that not all arrests are lawful and based upon probable cause. However, an attempt at resisting arrest can lead to additional charges.

The courts in the United States regard resisting arrest as a separate charge or crime in addition to other alleged crimes committed by the arrested person. It is possible to be charged, tried and convicted on this charge alone, without any underlying cause for the original decision to arrest or even if the original arrest was clearly illegal. Accordingly, it is never advisable to resist even an unlawful arrest as it will likely result in the use of force by the arresting officer and the addition of the charge of resisting. In most states, see below, resisting arrest is a misdemeanor which can result in jail time.

A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting a lawful arrest of himself or of another person. (b) Resisting arrest is a Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4625.)

A person commits the crime of resisting or interfering with arrest if, knowing that a peace officer is making an arrest, with the intent of preventing the officer from making the arrest, the person resists personal arrest or interferes with the arrest of another by (1) force; (2) committing any degree of criminal mischief; or (3) any means that creates a substantial risk of physical injury to any person. (b) Resisting or interfering with arrest is a class A misdemeanor.

A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by: (1). Using or threatening to use physical force against the peace officer or another (2) Using any other means creating a substantial risk of causing physical injury to the peace officer or another (3) Engaging in passive resistance. B. Resisting arrest pursuant to subsection A, paragraph 1 or 2 of this section is a class 6 felony. Resisting arrest pursuant to subsection A, paragraph 3 of this section is a class 1 misdemeanor. C. For the purposes of this section, "passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.

A person commits the offense of resisting arrest if he or she knowingly resists a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "resists" means using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Resisting arrest is a Class A misdemeanor. (b) (1) A person commits the offense of refusal to submit to arrest if he or she knowingly refuses to submit to arrest by a person known by him or her to be a law enforcement officer effecting an arrest. (2) As used in this subsection, "refuses" means active or passive refusal. (3) It is no defense to a prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the law enforcement officer was acting under color of his or her official authority. (4) Refusal to submit to arrest is a Class B misdemeanor.

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Wikipedia