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Simple English definitions for legal terms
Resisting arrest
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A quick definition of Resisting arrest:
Resisting arrest is when someone tries to stop a police officer from doing their job and arresting them or someone else. It's against the law in many states and can result in a fine or even jail time. For example, in California, if someone intentionally resists, delays, or obstructs a police officer, they can be punished with a fine or up to one year in jail. In New York, someone is guilty of resisting arrest if they try to prevent a police officer from making a lawful arrest. This means that the officer has a good reason to arrest the person, like having a warrant or probable cause.
A more thorough explanation:
Resisting arrest is a crime that occurs when someone tries to prevent or hinder an arrest. This is also known as "resisting an officer" or "obstructing." Many states have laws that make resisting arrest a crime.
For example, in California, Penal Code § 148(a)(1) states that anyone who "willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician...in the discharge or attempt to discharge any duty of his or her office or employment...shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment."
In New York, Penal Law § 205.30 states that "a person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person." This is classified as a class A misdemeanor.
For example, if a police officer tries to arrest someone for breaking the law, and that person tries to run away or physically resist the officer, they could be charged with resisting arrest. Another example would be if someone interferes with an officer who is trying to arrest someone else.
In the case of Hernandez v. City of Pomona, the California Supreme Court found that a defendant who drove away from an officer who was trying to arrest him was resisting arrest. In Curry v. City of Syracuse, the Second Circuit Court found that a defendant who refused to put his hands behind his back and tried to crawl away from an officer was resisting arrest.