Resisting arrest doesn’t just mean running from police. It could be as subtle as pulling your arm away—or as serious as fighting an officer. Depending on the state and severity, this charge could lead to a fine, jail time, or even a felony on your record. According to the Bureau of Justice Statistics (BJS), over 10.3 million arrests were made in the U.S. in a single year, and about 63,000 of those involved some form of resistance or obstruction during arrest.
What Does “Resisting Arrest”?
Resisting arrest is defined as interfering with a law enforcement officer’s attempt to lawfully detain or arrest a person. This resistance can be physical, verbal, or passive.
Common Forms of Resisting Arrest:
- Pulling away from the officer
- Running from the scene
- Physically fighting or pushing an officer
- Refusing to put hands behind your back
- Threatening officers
- Interfering in someone else’s arrest
In legal terms, “resisting” doesn’t always mean violence. Even not cooperating or trying to escape can land you with this charge.
Is Resisting Arrest a Felony or Misdemeanor?
It depends on the state and the circumstances.
In many states, basic resisting arrest is a misdemeanor. However, when violence, weapons, or injuries are involved, it can be upgraded to a felony.
Key Differences:
| Level | Penalty | Examples |
|---|---|---|
| Misdemeanor | Up to 1 year in jail, fines up to $2,000 | Pulling away, minor interference |
| Felony | 1+ years in state prison, large fines, long-term record | Injuring an officer, using a weapon, running with prior convictions |
Learn More: Public Defender vs Private Attorney
State-by-State : Resisting Arrest Laws
Each state defines resisting arrest differently.
| State | Statute / Code | Misdemeanor or Felony? | Max Penalty | Felony Conditions / Example |
|---|---|---|---|---|
| Alabama | Code § 13A-10-41 | Misdemeanor | Up to 1 year jail | Use of force or weapon can lead to felony assault |
| Alaska | AS § 11.56.700 | Class A Misdemeanor | Up to 1 year jail, $10,000 fine | 2nd-degree felony if injury or weapon involved |
| Arizona | ARS § 13-2508 | Misdemeanor | 6 months jail | Use of physical force upgrades to felony |
| Arkansas | A.C.A. § 5-54-103 | Misdemeanor | Up to 1 year | Use of force → felony |
| California | PC § 148(a)(1) | Misdemeanor | 1 year jail, $1,000 | PC § 69 – Force or weapon = felony |
| Colorado | C.R.S. § 18-8-103 | Misdemeanor | 1 year jail | Use of threats/violence = felony |
| Connecticut | CGS § 53a-167a | Class A Misdemeanor | 1 year jail, $2,000 | Resisting with injury = felony assault |
| Delaware | 11 Del. C. § 1257 | Class A Misdemeanor | 1 year jail | Use of force = felony |
| Florida | Statute 843.01 | Both | 5 years (felony), 1 year (misdemeanor) | Violence = felony resisting |
| Georgia | Code § 16-10-24 | Both | Misdemeanor or 1–5 years prison | Injury or violence = felony |
| Hawaii | HRS § 710-1026 | Misdemeanor | Up to 1 year | With dangerous instrument = felony |
| Idaho | IC § 18-705 | Misdemeanor | 1 year jail, $1,000 | Use of force can escalate charges |
| Illinois | 720 ILCS 5/31-1 | Class A Misdemeanor | 1 year jail | Injury to officer = felony |
| Indiana | IC § 35-44.1-3-1 | Both | 1–2.5 years (felony), 1 year (misdemeanor) | Use of vehicle or weapon = felony |
| Iowa | Code § 719.1 | Both | 1 year (misdemeanor), 2 years (felony) | Causes injury or uses weapon = felony |
| Kansas | KSA § 21-5904 | Misdemeanor | 1 year jail | With bodily harm = felony |
| Kentucky | KRS § 520.090 | Class A Misdemeanor | 1 year jail, $500 fine | Force or injury = Class D felony |
| Louisiana | RS § 14:108 | Misdemeanor | 6 months, $500 fine | Violence escalates charge |
| Maine | 17-A M.R.S. § 751-A | Class D Misdemeanor | 364 days jail, $2,000 | If causes injury → felony assault |
| Maryland | CR § 9-408 | Misdemeanor | 3 years jail, $5,000 | Force may elevate to separate assault charge |
| Massachusetts | MGL c.268 § 32B | Misdemeanor | 2.5 years in jail | Resisting with violence = additional charges |
| Michigan | MCL 750.479 | Both | 2 years (misdemeanor), 4+ years (felony) | Injury, weapon, or death = felony |
| Minnesota | Statute 609.50 | Misdemeanor or Felony | 90 days–3 years | Use of force = felony obstruction |
| Mississippi | MS Code § 97-9-73 | Misdemeanor | 6 months, $500 | Weapon or injury = felony |
| Missouri | RSMo § 575.150 | Class A Misdemeanor | 1 year jail | Dangerous behavior = felony |
| Montana | MCA § 45-7-301 | Misdemeanor | 6 months jail | Aggravated cases may elevate |
| Nebraska | Neb. Rev. Stat. § 28-904 | Both | 1 year (misdemeanor), 5 years (felony) | Injury = felony |
| Nevada | NRS § 199.280 | Misdemeanor | 6 months, $1,000 | If forceful or armed = felony |
| New Hampshire | RSA 642:2 | Class A Misdemeanor | 1 year jail | Resisting with injury = felony assault |
| New Jersey | N.J.S.A. 2C:29-2 | Both | 6–18 months jail | Flight + force = felony |
| New Mexico | NMSA § 30-22-1 | Petty Misdemeanor | 6 months jail | Felony if resisting with weapon |
| New York | Penal Law § 205.30 | Misdemeanor | 1 year jail | Passive resistance included |
| North Carolina | GS § 14-223 | Class 2 Misdemeanor | 60 days jail | Aggressive resistance → felony |
| North Dakota | NDCC § 12.1-08-02 | Class B Misdemeanor | 30 days jail | Weapon use = felony |
| Ohio | ORC § 2921.33 | Both | Up to 8 years (felony) | Weapon or serious harm = felony |
| Oklahoma | 21 OK Stat § 21-268 | Misdemeanor | 1 year jail | Injury or threats = felony |
| Oregon | ORS § 162.315 | Class A Misdemeanor | 1 year jail | Aggravated resisting → felony |
| Pennsylvania | 18 Pa. CS § 5104 | Misdemeanor 2nd Degree | 2 years jail | Injury or escape = higher charge |
| Rhode Island | Gen Laws § 12-7-10 | Misdemeanor | 1 year jail | Aggravated assault = felony |
| South Carolina | SC Code § 16-9-320 | Both | 1–10 years (felony), 1 year (misdemeanor) | With violence = felony |
| South Dakota | SDCL § 22-11-4 | Class 1 Misdemeanor | 1 year jail, $2,000 | Weapon = felony |
| Tennessee | TCA § 39-16-602 | Misdemeanor A | 11 months, $2,500 | Weapon or violence = felony |
| Texas | Penal Code § 38.03 | Class A Misdemeanor / Felony | 1 year (misdemeanor), longer for felony | Armed resistance = felony |
| Utah | Utah Code § 76-8-305 | Class B Misdemeanor | 6 months jail | Force = Class A or felony |
| Vermont | 13 V.S.A. § 3017 | Misdemeanor | 1 year jail | Violence → added charges |
| Virginia | VA Code § 18.2-460 | Misdemeanor / Felony | 1–5 years | With threat/force = felony |
| Washington | RCW § 9A.76.040 | Gross Misdemeanor | 364 days jail, $5,000 | Resisting with violence = felony |
| West Virginia | WVC § 61-5-17 | Misdemeanor | 1 year jail | If assaulting = separate felony |
| Wisconsin | Stat. § 946.41 | Class A Misdemeanor | 9 months, $10,000 | Felony if injury or deadly weapon used |
| Wyoming | Wyo. Stat. § 6-5-204 | Misdemeanor | 6 months, $750 fine | Aggressive resistance = felony |
What Happens If You’re Convicted?
The consequences of resisting arrest can ripple out for years.
Legal Consequences:
- Jail or prison time
- Fines between $1,000–$10,000
- Criminal record (misdemeanor or felony)
- Loss of job opportunities
- Possible loss of voting or gun rights (for felony convictions)
Felony convictions stick on your record and can’t always be expunged.
What Counts as “Resisting”?
Sometimes people get charged even when they didn’t think they were resisting.
Example 1:
James, 25, was stopped for a traffic violation. He refused to exit the vehicle when ordered and rolled up the windows. Charged with misdemeanor resisting arrest in California.
Example 2:
Maria, 32, physically struggled and punched a police officer trying to detain her boyfriend. She was charged with felony resisting with violence in Florida.
Your Rights During an Arrest
Even if you’re being wrongly arrested, you don’t have the right to resist physically.
Here’s What You CAN Do:
- Ask if you are being detained
- Remain silent (5th Amendment)
- Request a lawyer immediately
- Comply physically, but fight the charges in court
Never argue, run, or fight during the arrest—fight the charge, not the cop.
What Should You Do If You’re Charged?
- Stay calm and don’t resist further
- Request legal counsel immediately
- Avoid making statements without a lawyer
- Document any misconduct
- Attend all court dates and follow legal advice
Final Thoughts
Resisting arrest—even if you think it’s unfair—can spiral out of control in seconds. In many cases, what starts as a minor encounter with police becomes a felony-level offense that sticks with you for life.
The smartest move? Stay calm. Comply. Lawyer up. Fight back legally—not physically.
Final Thought
Can I resist an unlawful arrest?
Legally, no. Even unlawful arrests should be challenged in court, not by resisting in the moment.
Is running from police considered resisting?
Yes. In most states, fleeing is a form of resisting arrest and can elevate charges.
What if I didn’t know they were a cop?
That may be a defense if the officer wasn’t in uniform or didn’t identify themselves, but it depends on the case.
Can resisting arrest be expunged?
Sometimes, yes—if it’s a misdemeanor and your state allows expungement. Felonies are much harder to clear.
