Resisting arrest
Resisting arrest by a law enforcement officer is considered a criminal offense in many jurisdictions.
Brazil
In Brazil, resistance to arrest is defined under the Brazilian Penal Code as "opposition to the execution of a legal act, by means of violence or threat towards a competent official executing it, or someone assisting them." The penalty for this offense in Brazil is Imprisonment of 1 to 3 years. In addition, any damages caused as a result of the violence used during the act are also charged to the offender and may result in further legal consequences.Canada
The Canadian Criminal Code has two provisions covering resisting arrest. Section 129 makes it an offense for anyone who "resists or willfully obstructs a public officer or peace officer in the execution of their duty or any person lawfully acting in aid of such an officer". Section 270 makes it an offense for anyone who " assaults a public officer or peace officer engaged in the execution of their duty or a person acting in aid of such an officer; assaults a person with intent to resist or prevent the lawful arrest or detention of their-self or another person". Section 129 has a maximum jail term of two years, and Section 270 has a maximum term of five years.Denmark
The Danish penal code makes allowance for some forms of eluding and, thus, is very different from the penal code in the United States.Norway
Resisting arrest in Norway can be punished with up to three months imprisonment.Taiwan
Any arrest not in accordance with the procedure prescribed by law may be constitutionally resisted. Conversely, knowingly and willfully resisting a lawful police arrest with threats or violence may indirectly constitute obstructing official duty.United Kingdom
England and Wales
Section 38 of the Offences against the Person Act 1861 states:Whosoever... shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, will be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years,...
Section 89 of the Police Act 1996 states:
Any person who resists or willfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.
There is a further offence provided by the Vagrancy Act 1824, concerning "violently resisting" a constable:
''"...and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending them, and being subsequently convicted of the offence for which they shall have been so apprehended; shall be deemed a rogue and vagabond, within the true intent and meaning of this Act"''
United States
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, as well as the addition of the charge of resisting. In most states, resisting arrest is a misdemeanor which can result in jail time.Alabama
Resisting arrest is a Class B misdemeanor in Alabama.Alaska
Resisting or interfering with arrest is a Class A misdemeanor in Alaska.Arizona
In Arizona, resisting arrest is a misdemeanor and limited to cases when the defendant clearly knew the arresting officer was acting in an official capacity.Arkansas
A person commits the offense of resisting arrest if they knowingly resist a person known to be a law enforcement officer who is effecting an arrest. "Resists" is defined as using or threatening to use physical force or any other means that creates a substantial risk of physical injury to any person. It is not a defense to prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the officer was acting under the color of their official authority. Resisting arrest is classified as a Class A misdemeanor.A person commits the offense of refusal to submit to arrest if they knowingly refuse to submit to arrest by a person known to be a law enforcement officer who is effecting an arrest. "Refuses" includes both active and passive refusal. It is not a defense to prosecution under this subsection that the law enforcement officer lacked legal authority to make the arrest if the officer was acting under the color of their official authority. Refusal to submit to arrest is classified as a Class B misdemeanor.
California
Any person who willfully resists, delays, or obstructs a public officer, peace officer, or emergency medical technician, as defined in Division 2.5 of the Health and Safety Code, in the discharge or attempt to discharge any duty of their office or employment, shall be punished by a fine not exceeding one thousand dollars, imprisonment in a county jail for up to one year, or both, if no other punishment is prescribed.Colorado
A person commits resisting arrest who knowingly prevents or attempts to prevent a peace officer, acting under color of official authority, from effecting an arrest of the actor or another, by: Using or threatening to use physical force or violence against the peace officer or another; or Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his official authority" when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him. The term "peace officer" as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted. Resisting arrest is a class 2 misdemeanor.Connecticut
Interfering with an Officer:A person is guilty of interfering with an officer when such person obstructs, resists, hinders or endangers any in the performance of such duties.
Resisting Arrest With Force:
The effect of § 53a-23 is to require a person to submit to an arrest, even if he or she believes, and ultimately it is determined, that the arrest is illegal. This provision must be charged in conjunction with the crimes of Interfering with an Officer or Assault on Public Safety or Emergency Medical Personnel. See Interfering with an Officer, Instruction 4.3-1, and Assault of Public Safety or Emergency Medical Personnel, Instruction 4.3-3.
Delaware
A person is guilty of resisting arrest with force or violence when: The person intentionally prevents or attempts to prevent a police officer from effecting an arrest or detention of the person or another person by use of force or violence towards said police officer, or Intentionally flees from a police officer who is effecting an arrest against them by use of force or violence towards said police officer, or Injures or struggles with said police officer causing injury to the police officer. Resisting arrest with force or violence is a class G felony. A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting an arrest. Resisting arrest is a class A misdemeanor.Florida
Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10,,,,,, or ; member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.Georgia
Obstructing or hindering law enforcement officers:Except as otherwise provided in subsection of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.