Resisting Arrest Laws by State (2026)
How each state charges resisting arrest and the maximum penalties, from each state criminal code.
| State | Resisting arrest |
|---|---|
| Alabama | Resisting arrest (intentionally preventing or trying to prevent an officer from making a lawful arrest) is a Class B misdemeanor (not more than six months in jail; fine up to $3,000). Fleeing on foot or by any means from an officer you know is trying to arrest you is a Class A misdemeanor, while fleeing or trying to elude police in a motor vehicle after a signal to stop is a Class D felony. Either becomes a Class C felony if the flight causes a crash or physical injury, crosses the state line, has a child under 14 in the vehicle, happens while on bail, probation or parole, or the person has a prior conviction, and a Class B felony if it causes serious physical injury or death, involves going more than 20 miles per hour over the speed limit, or targets an officer, or the person has two or more priors. Conviction also requires a driver license suspension of not less than six months nor more than two years. Ala. Code 1975 §§ 13A-10-41, 13A-10-52, 13A-5-7, 13A-5-12 |
| Alaska | Resisting or interfering with arrest is knowingly resisting a peace officer's arrest of oneself, or interfering with the arrest of another, by force, by committing criminal mischief, or by any means that creates a substantial risk of physical injury, with intent to prevent the arrest; it is a Class A misdemeanor (up to 1 year, up to $25,000). Knowingly failing to stop a vehicle, aircraft or watercraft as soon as practical and safe after being signaled by a peace officer is failure to stop in the second degree, a Class A misdemeanor. It becomes failure to stop in the first degree, a Class C felony (up to five years, up to $50,000), when the driver was also committing reckless driving or vehicle theft, or the driving caused an accident or serious physical injury. AS 11.56.700; 28.35.182(a), (b); AS 12.55.125, 12.55.135 |
| Arizona | Resisting arrest is intentionally preventing or trying to prevent a known peace officer from making an arrest. Using or threatening physical force, or using any other means that creates a substantial risk of physical injury, is a class 6 felony; passive resistance (a nonviolent act or failure to act meant to impede or delay the arrest) is a class 1 misdemeanor. A driver who wilfully flees or tries to elude a pursuing marked police vehicle (or an unmarked one the driver knew was police) commits unlawful flight, a class 5 felony. Failing to comply with a police officer's lawful traffic order is a class 2 misdemeanor. A.R.S. §§ 13-2508; 28-622; 28-622.01 |
| Arkansas | Knowingly resisting a known law enforcement officer who is making an arrest is a Class A misdemeanor (up to 1 year); knowingly refusing to submit to arrest is a Class B misdemeanor (up to 90 days). Fleeing on foot is a Class C misdemeanor, a Class B misdemeanor for a repeat offense within a year, a Class A misdemeanor if property damage results, and a Class D felony if serious physical injury results. In the code text read, fleeing by vehicle is a Class A misdemeanor, a Class D felony when the person drove over the posted speed limit, a Class C felony when the person purposely drives in a way that creates a substantial danger of death or serious physical injury under circumstances manifesting extreme indifference to human life, and a Class B felony when serious physical injury results. Since August 5, 2025, leaving a vehicle while it is still in motion during a chase raises the grade (Class C, or Class A when someone is seriously injured). Ark. Code §§ 5-54-103(a), (b); 5-54-125(c), (d); 5-4-401; 5-4-201 |
| California | Willfully resisting, obstructing or delaying a peace officer, public officer or emergency medical technician who is lawfully performing their duties, when the person knows or should know the officer is doing so, is a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $1,000. Willfully resisting a peace officer in a way that causes the officer's death or serious bodily injury can be charged as a misdemeanor or felony (2, 3 or 4 years under Penal Code § 1170(h), and/or a fine of $1,000 to $10,000). Willfully fleeing a pursuing police vehicle showing a lighted red lamp and sounding a siren is a misdemeanor punishable by up to 1 year in county jail. Evading while driving with willful or wanton disregard for safety (including causing property damage or committing three or more point-count traffic violations) can be charged as a misdemeanor or felony: 6 months to 1 year in county jail or 16 months, 2 or 3 years in state prison, and/or a fine of $1,000 to $10,000. Evading that causes serious bodily injury can be charged as a misdemeanor or as a felony of 3, 5 or 7 years, and evading that causes a death is a felony of 4, 6 or 10 years. Cal. Penal Code §§ 148(a), 148.10; Cal. Veh. Code §§ 2800.1(a), 2800.2, 2800.3(a), (b); CALCRIM Nos. 2181, 2656 |
| Colorado | Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that creates a substantial risk of bodily injury; it is a class 2 misdemeanor (up to 120 days in jail and a fine up to $750). Willfully trying to elude a marked police car after a signal to stop is a class 2 misdemeanor traffic offense. Vehicular eluding, knowingly eluding a pursuing police vehicle while driving recklessly, is a class 5 felony (one to three years), a class 4 felony if it injures someone, and a class 3 felony if it kills someone. C.R.S. §§ 18-8-103; 42-4-1413; 18-9-116.5 |
| Connecticut | Connecticut calls resisting arrest interfering with an officer: obstructing, resisting, hindering or endangering a peace officer or firefighter performing duties. It is a Class A misdemeanor (up to one year and $2,000), or a Class D felony if it causes someone's death or serious physical injury. A driver who speeds up to escape or elude a police vehicle signaling with lights or siren commits a Class A misdemeanor; it is a Class C felony (one to ten years) with a one-year license suspension if it causes death or serious physical injury, and any later offense is a Class C felony. Simply failing to stop promptly when signaled by an officer is an infraction with a fifty-dollar fine. Conn. Gen. Stat. §§ 53a-167a, 14-223, 53a-35a, 53a-36 |
| Delaware | Intentionally preventing or trying to prevent a peace officer from making an arrest or detention, or fleeing from an officer making an arrest, is resisting arrest, a Class A misdemeanor (up to 1 year). Doing so with force or violence toward the officer, or injuring the officer, is resisting arrest with force or violence, a Class G felony (up to 2 years). A driver who ignores a police signal to stop, or speeds up or turns off lights to flee or elude police, commits a Class G felony with a $575 minimum fine and a possible 2-year license revocation; a repeat offense is a Class E felony (up to 5 years) with a $1,150 minimum fine and an added 3-year revocation. 11 Del. C. §§ 1257, 4205(b), 4206; 21 Del. C. § 4103(b) |
| District of Columbia | Intentionally resisting an arrest by someone the person has reason to believe is a law enforcement officer, or preventing the officer from arresting or detaining another person, is a misdemeanor punishable by up to 6 months, a fine, or both; using force to resist is not justified even if the arrest is unlawful. Assaulting an officer is a separate misdemeanor with up to 6 months, and a felony with up to 10 years if it causes significant bodily injury or is a violent act creating a grave risk of such injury. Knowingly failing to stop, or fleeing or trying to elude police, after a signal to stop a vehicle carries up to 180 days and a possible permit suspension of up to 180 days; it carries up to 5 years and a suspension of up to 1 year if the driver drives recklessly or causes property damage or bodily injury. D.C. Code §§ 22-405, 22-405.01, 50-2201.05b |
| Florida | Resisting, obstructing or opposing a law enforcement officer or other authorized official in the lawful execution of a legal duty without violence is a first-degree misdemeanor (up to 1 year and $1,000). Doing so by offering or doing violence to the officer is a third-degree felony (up to 5 years). Willfully refusing to stop a vehicle when ordered by police, or fleeing to elude an officer, is a third-degree felony; fleeing a marked patrol car with lights and siren at high speed or with wanton disregard for safety is a second-degree felony, and causing serious bodily injury or death while doing so is a first-degree felony with a 3-year mandatory minimum. Eluding convictions require a license revocation of 1 to 5 years, and adjudication cannot be withheld. Fla. Stat. §§ 843.01, 843.02, 316.1935 |
| Georgia | Georgia calls resisting arrest obstruction of officers. Knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of official duties is a misdemeanor. Resisting or obstructing an officer 'by offering or doing violence' is a felony: one to five years for a first conviction, two to ten for a second, and three to 15 for a third or later, plus a fine of at least $300.00. Fleeing or attempting to elude police in a vehicle is a misdemeanor of a high and aggravated nature for a first through third conviction (first conviction: a $1,000 to $5,000 fine and 30 days to 12 months in jail); a fourth conviction within ten years is a felony, and it is also a felony (fine of $5,000 to $10,000 and one to ten years) if the driver goes more than 20 miles an hour over the limit, hits another vehicle or a pedestrian, causes a crash, endangers the public, commits certain listed traffic offenses such as reckless driving, or leaves the state. O.C.G.A. §§ 16-10-24; 40-6-395(a)-(c) |
| Hawaii | Resisting arrest is intentionally preventing a law enforcement officer from making an arrest by using or threatening physical force, or by any other means creating a substantial risk of bodily injury; it is a misdemeanor (up to one year and $2,000). Intentionally disobeying an officer's direction to stop a motor vehicle and, while fleeing, driving in reckless disregard of others' safety or at 30 mph or more over the speed limit or 80 mph or more is resisting an order to stop a motor vehicle in the first degree, a class C felony (five years). Haw. Rev. Stat. §§ 710-1026, 710-1026.9 |
| Idaho | Willfully resisting, delaying or obstructing a public officer doing official duties (including knowingly giving a false report to a peace officer) is a misdemeanor punishable by a fine up to $1,000, up to one year in county jail, or both. Willfully fleeing or attempting to elude a police vehicle after a visual or audible signal to stop is a misdemeanor and requires a license suspension. Eluding becomes a felony if the driver goes more than 30 mph over the limit, causes property damage or bodily injury, drives in a way that endangers others or their property, or leaves the state; felony eluding brings a license suspension of at least one year and up to three years. Idaho Code §§ 18-705, 49-1404(1)-(2) |
| Illinois | Knowingly resisting arrest, or obstructing a known peace officer, firefighter or correctional employee in an authorized act, is called resisting or obstructing a peace officer, a Class A misdemeanor (less than one year in jail, fine up to $2,500), with a minimum of 48 consecutive hours in jail or at least 100 hours of community service. It is a Class 4 felony (1 to 3 years) if it causes injury to the officer, firefighter or correctional employee. A person cannot be arrested for resisting arrest alone unless there was an underlying offense. In a vehicle, fleeing or attempting to elude a police officer after a signal to stop is a Class A misdemeanor with a license suspension, and a third or later violation is a Class 4 felony. Aggravated fleeing (21 mph or more over the limit, causing injury, more than $300 in property damage, disobeying 2 or more traffic control devices, or concealing the license plate) is a Class 4 felony, a Class 3 felony for a second offense, with license revocation. 720 ILCS 5/31-1(a), (a-5), (a-7), (d); 625 ILCS 5/11-204(a)-(c); 625 ILCS 5/11-204.1(a), (b); 730 ILCS 5/5-4.5-55, -45, -40 |
| Indiana | Resisting law enforcement includes knowingly or intentionally forcibly resisting, obstructing or interfering with an officer who is lawfully doing their duties, or fleeing from an officer after the officer, by visible or audible means such as a siren or emergency lights, has identified himself or herself and ordered the person to stop; it is a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony if the person uses a vehicle to commit it (with a mandatory minimum executed sentence), and a Level 5 felony (1 to 6 years) if the person draws or uses a deadly weapon, causes moderate bodily injury, or drives in a way that creates a substantial risk of bodily injury; higher felony levels apply when the driving causes serious bodily injury, catastrophic injury or death. Ind. Code § 35-44.1-3-1(a), (c), (e) |
| Iowa | Knowingly resisting or obstructing a peace officer, jailer, fire fighter or other listed official doing a lawful duty is called interference with official acts. It is a simple misdemeanor with a fine of at least $250; a serious misdemeanor if it results in bodily injury; an aggravated misdemeanor if it results in serious injury or the person inflicts bodily injury; and a class "D" felony if the person inflicts or attempts serious injury, displays a dangerous weapon or is armed with a firearm. Willfully failing to stop for, or trying to elude, a police vehicle signaling with lights and siren is a serious misdemeanor (aggravated misdemeanor for a repeat). Eluding while going 25 mph or more over the speed limit is a class "D" felony, or a class "C" felony with a prior eluding violation. Iowa Code §§ 719.1(1), (3); 321.279(1)-(2) (Iowa Code 2026) |
| Kansas | Interference with law enforcement includes knowingly obstructing, resisting or opposing an officer serving a warrant or other process or carrying out an official duty, knowingly fleeing on foot after an officer with reason to stop the person signals to stop, giving false reports, and concealing evidence. Resisting or fleeing on foot is a class A nonperson misdemeanor when the underlying matter is a misdemeanor or civil case; it is a felony (severity level 9 for resisting, severity level 7 for fleeing) when it involves a felony, and fleeing while discharging or using a firearm is severity level 5. Fleeing or eluding police in a vehicle after a signal to stop is a class B nonperson misdemeanor for a first offense, class A with one prior, and a severity level 9 person felony with two or more priors. It is a severity level 9 person felony on a first offense if the driver drives recklessly, runs a roadblock, causes a crash or damage, commits five or more moving violations, drives a stolen vehicle or is escaping a felony, and severity level 7 if the driver goes the wrong way on a divided highway or forces other drivers to swerve or causes a collision. K.S.A. 21-5904(a)(3)-(4), (b)(5)-(6); 8-1568(a)-(c) |
| Kentucky | Resisting arrest, intentionally preventing or trying to prevent a recognized peace officer from making an arrest by using or threatening force or by other means creating a substantial risk of injury, is a Class A misdemeanor (up to 12 months). Fleeing or evading police: disobeying an officer's direction to stop a motor vehicle is second-degree fleeing, a Class D felony; it is first degree, a Class C felony, if the driver is fleeing right after domestic violence, is driving under the influence, is driving on a license suspended for DUI, or causes or creates a substantial risk of serious injury or death. Defendants convicted of first- or second-degree fleeing must serve at least 50% of the sentence before probation or parole. Fleeing on foot is a Class A misdemeanor if it creates a substantial risk of physical injury (third degree), a Class D felony if it causes physical injury after a stop based on reasonable suspicion, and a Class C felony if it follows domestic violence or causes serious physical injury or death. KRS 520.090, 520.095, 520.100, 520.105; 532.060; 532.090 |
| Louisiana | Resisting arrest is called resisting an officer: knowingly interfering with or obstructing an officer making a lawful arrest or detention, including running after being told you are under arrest or giving a false name. Penalty: a fine of not more than $500, up to six months, or both. Resisting with force or violence (threatening or injuring an officer) is a felony: a fine of not more than $2,000, one to three years with or without hard labor, or both. Refusing to stop for police lights and siren is flight from an officer (a fine of $150 to $500, up to six months, or both); if the chase endangers life, aggravated flight carries up to 10 years at hard labor (two to 15 years if someone is seriously injured). La. R.S. 14:108(A), (B), (C); R.S. 14:108.2(A), (C); R.S. 14:108.1(B), (C), (D), (E) |
| Maine | Maine calls resisting arrest 'refusing to submit to arrest or detention.' Refusing to stop when a police officer requests or signals, intending to hinder or prevent the officer, is a Class E crime (up to 6 months); using physical force against the officer or creating a substantial risk of bodily injury to the officer is a Class D crime (less than one year). In a vehicle, failing to stop for a uniformed officer is a Class E crime; eluding an officer at a reckless speed in a high-speed chase with blue lights and siren is a Class C crime (up to 5 years), and eluding that causes serious bodily injury to another person is a Class B crime (up to 10 years). 17-A M.R.S. §§ 751-B, 1604(1); 29-A M.R.S. § 2414(2), (3), (6) |
| Maryland | Intentionally resisting a lawful arrest, or interfering with an officer making a lawful arrest or detention of someone else, is a misdemeanor punishable by up to 3 years, a fine up to $5,000, or both. Trying to elude a police officer who signals you to stop (by failing to stop, fleeing on foot, or other means) carries up to 1 year and/or $1,000 for a first offense and up to 2 years and/or $1,000 for a later offense. Eluding that causes bodily injury, or that is to avoid arrest for a crime of violence, carries up to 3 years and/or $5,000; eluding that causes a death carries up to 10 years and/or $5,000. Md. Code, Crim. Law § 9-408; Transp. § 21-904 |
| Massachusetts | Resisting arrest is knowingly preventing or trying to prevent a police officer from making an arrest by using or threatening force or violence, or by other means that create a substantial risk of bodily injury. It is a misdemeanor punishable by up to 2 1/2 years in a jail or house of correction, a fine up to $500, or both, and it is not a defense that the arrest was unlawful if the officer was acting under color of authority without excessive force. Refusing or neglecting to stop a motor vehicle when signaled by a uniformed police officer is punishable by a fine of $100. G.L. c. 268, § 32B; c. 90, § 25 |
| Michigan | Assaulting, battering, resisting or obstructing a police officer or other covered official who is performing their duties is a felony punishable by up to 2 years, a fine up to $2,000, or both. It carries up to 4 years if it causes bodily injury requiring medical care, up to 15 years if it causes serious impairment of a body function, and up to 20 years if it causes death. Fleeing and eluding police in a vehicle is a felony at every level: fourth degree up to 2 years and/or $500; third degree (crash, area with a speed limit of 35 mph or less, or a prior conviction) up to 5 years and/or $1,000; second degree (serious injury or certain priors) up to 10 years and/or $5,000; first degree (death) up to 15 years and/or $10,000. MCL 750.81d(1)-(4); 257.602a(2)-(5) |
| Minnesota | Minnesota calls resisting arrest obstructing legal process or arrest: intentionally obstructing, resisting or interfering with a peace officer doing official duties, or obstructing an arrest. It is punishable by up to 90 days and/or $1,000 in ordinary cases, up to 364 days and/or $3,000 if it involves force or violence or the threat of it, and up to five years and/or $10,000 if the person knew it created a risk of death, substantial bodily harm or serious property damage, or it caused such harm. Fleeing a peace officer in a motor vehicle is a felony punishable by up to three years and one day and/or $5,000; up to five years if it causes substantial bodily harm, seven years if great bodily harm, and 40 years if it causes a death. Fleeing on foot or by other means is a misdemeanor. Minn. Stat. §§ 609.50, subds. 1, 2; 609.487, subds. 3, 4, 6 |
| Mississippi | Obstructing or resisting a lawful arrest by force, violence, threats or in any other manner is a misdemeanor, punished by a fine of not more than $500 and/or up to six months in county jail (§ 97-9-73). Willfully failing to stop a vehicle when signaled by law enforcement is a misdemeanor (up to $1,000 and/or six months); doing so with reckless or willful disregard for safety, or extreme indifference to human life, is a felony with up to $5,000 and/or ten years; if it causes serious bodily injury the term is five to 20 years, and if it causes a death, seven to 40 years (§ 97-9-72). Miss. Code Ann. §§ 97-9-73, 97-9-72 |
| Missouri | Resisting or interfering with arrest, detention or stop is knowingly resisting an officer's arrest, stop or detention by using or threatening violence or physical force or by fleeing, or interfering with another person's arrest by force or physical interference. It is a class A misdemeanor (up to one year and $2,000), but a class E felony (up to four years) when the arrest is for a felony or for a warrant on a felony failure-to-appear or felony probation violation, or when the person fleeing creates a substantial risk of serious physical injury or death to anyone. A driver who keeps driving after seeing emergency lights or hearing a siren from a pursuing police vehicle is presumed to be fleeing a vehicle stop, and a vehicle used in a felony violation may be impounded and forfeited. RSMo § 575.150 (effective 8/28/2025); § 558.011 |
| Montana | Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that risks physical injury; it is a misdemeanor with a fine not to exceed $500, up to 6 months in county jail, or both. Knowingly obstructing or hindering law enforcement or a government function is obstructing a peace officer, with the same penalty. Fleeing or eluding police in a vehicle (failing to stop for an officer's signal while speeding 10 or more mph over the limit, speeding up, turning off the lights or otherwise trying to get away) is a misdemeanor with up to 1 year and $2,000. Aggravated fleeing (a prior fleeing conviction, reckless driving, over $5,000 in property damage, or leaving the state) is a felony with up to 5 years and $5,000, and fleeing that causes serious bodily injury or death is a felony with up to 10 years and $10,000. MCA §§ 45-7-301, 45-7-302, 61-8-316, 61-8-707 |
| Nebraska | Resisting arrest is intentionally preventing or trying to prevent a peace officer from arresting you or someone else by using or threatening force or violence, by means that create a substantial risk of physical injury, or by means requiring substantial force to overcome. It is a Class I misdemeanor for a first offense, and a Class IIIA felony (up to three years) for a second or later offense or when a deadly or dangerous weapon is used. Fleeing police in a vehicle to avoid arrest or a citation is a Class I misdemeanor with up to a one-year license revocation, but becomes a Class IV felony, with a mandatory two-year license revocation, if the person has a prior conviction, the flight directly causes death or injury, or the person drives with willful recklessness while fleeing. Neb. Rev. Stat. §§ 28-904, 28-905, 28-105, 28-106 |
| Nevada | Willfully resisting, delaying or obstructing a public officer doing a legal duty is a misdemeanor (up to 6 months and $1,000) when no dangerous weapon is used. It is a category D felony if a dangerous weapon other than a firearm is used or the person tries to take a non-firearm weapon from the officer, and a category C felony if a firearm is used or the person tries to take the officer's firearm. Willfully failing to stop for, or trying to elude, a peace officer in a readily identifiable vehicle signaling with flashing red lamp and siren is a misdemeanor, but becomes a category B felony (1 to 6 years, fine up to $5,000) if the driver damages others' property or drives in a way that endangers others, and a category B felony with 2 to 20 years and a fine up to $50,000 if the flight causes death or bodily harm. NRS 199.280; NRS 484B.550(1)-(4); NRS 193.130 |
| New Hampshire | Knowingly or purposely physically interfering with a law enforcement official (including a probation or parole officer) who is trying to arrest or detain you or someone else is resisting arrest or detention, a misdemeanor, even if the arrest has no legal basis; verbal protests alone are not resisting. It is a class B felony (up to seven years) if the resistance causes serious bodily injury to another person. A driver who purposely fails to stop when signaled by an officer, or tries to elude pursuit by speeding up, turning off headlights or abandoning the vehicle, commits a class A misdemeanor with a fine of not less than $500 and may lose their license; it is a class B felony if a crash during the pursuit causes serious bodily injury, and a class A felony if it causes a death. RSA 642:2; RSA 265:4, I(c), II, III |
| New Jersey | Resisting arrest — purposely preventing or trying to prevent a police officer from making a lawful arrest — is a disorderly persons offense (up to 6 months) (§ 2C:29-2(a)(1)). Doing so by running away (flight) is a crime of the fourth degree (§ 2C:29-2(a)(2)). It becomes a crime of the third degree if the person uses or threatens to use physical force or violence against the officer, or uses any other means to create a substantial risk of physical injury to the officer or another (§ 2C:29-2(a)(3)). Fleeing police in a car is called eluding: knowingly fleeing or trying to elude an officer after a signal to stop is a crime of the third degree, and a crime of the second degree if the flight creates a risk of death or injury to any person (§ 2C:29-2(b)). N.J.S. 2C:29-2(a), (b) |
| New Mexico | Resisting, evading or obstructing an officer includes knowingly obstructing or resisting an officer serving court process, intentionally fleeing or evading an officer known to be trying to arrest the person, willfully refusing to stop a vehicle when signaled by a uniformed officer in a marked police vehicle, and resisting or abusing a judge, magistrate or peace officer; it is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)) (§ 30-22-1). Aggravated fleeing a law enforcement officer — willfully and carelessly driving in a way that endangers another person's life after being signaled to stop by an officer in pursuit — is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) when no one is injured, and a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15) when another person is injured (§ 30-22-1.1). NMSA 1978, §§ 30-22-1, 30-22-1.1; §§ 31-18-15, 31-19-1 |
| New York | Intentionally preventing or trying to prevent a police or peace officer from making an authorized arrest of oneself or another person is resisting arrest, a class A misdemeanor (up to 364 days and $1,000). Intentionally interfering with a public servant's official duties by intimidation, physical force or interference is obstructing governmental administration in the second degree, also a class A misdemeanor. Fleeing a uniformed officer or marked police car after a signal to stop, by driving 25 mph or more over the speed limit or driving recklessly, is unlawful fleeing a police officer in a motor vehicle in the third degree, a class A misdemeanor; it is a class E felony (second degree) if the flight causes serious physical injury to an officer or another person, and a class D felony (first degree) if it causes a death. N.Y. Penal Law §§ 205.30, 195.05, 270.25, 270.30, 270.35 |
| North Carolina | Willfully and unlawfully resisting, delaying or obstructing a public officer doing an official duty is a Class 2 misdemeanor; it becomes a Class I felony if it is the proximate cause of the officer's serious injury, and a Class F felony if it causes serious bodily injury. Fleeing or attempting to elude a law enforcement officer in a vehicle is a Class 1 misdemeanor, and becomes a Class H felony when two or more aggravating factors are present, such as speeding more than 15 mph over the limit, gross impairment, reckless driving, driving with a revoked license, or having a child under 12 in the vehicle. If the eluding causes a death, it is a Class H felony (misdemeanor eluding) or a Class E felony (felony eluding). N.C. Gen. Stat. §§ 14-223, 20-141.5(a), (b), (b1) |
| North Dakota | Using or creating a substantial risk of bodily injury, or means requiring substantial force, to prevent a public servant from making an arrest for a misdemeanor or infraction (or doing another official duty) is preventing arrest, a class A misdemeanor; it is a class C felony when the arrest is for a class A, B or C felony. Intentionally obstructing a government function is a class A misdemeanor. Willfully fleeing or attempting to elude a police vehicle or officer after a signal to stop is a class A misdemeanor for a first offense and a class C felony for another offense within three years, or when fleeing after a felony or driving in a way that creates an inherent risk of death or serious injury to others. Negligently causing serious bodily injury while fleeing is a class B felony, and negligently causing a death is a class A felony. N.D.C.C. §§ 12.1-08-01, 12.1-08-02, 39-10-71, 12.1-17-12 |
| Ohio | Recklessly or by force resisting or interfering with a lawful arrest of oneself or another is resisting arrest, a misdemeanor of the second degree (up to 90 days); it is a misdemeanor of the first degree if a law enforcement officer is physically harmed, and a fourth-degree felony if the person recklessly causes physical harm to an officer with a deadly weapon or displays a deadly weapon. Obstructing official business is generally a second-degree misdemeanor, rising to a felony if it creates a risk of physical harm to someone. Willfully fleeing or eluding a police officer in a vehicle after a signal to stop is a fourth-degree felony (failing to obey an officer's traffic order is a first-degree misdemeanor); it is a third-degree felony if the driver was fleeing right after a felony or the driving caused, or created a substantial risk of, serious physical harm to persons or property, and it brings a license suspension. R.C. 2921.33, 2921.31, 2921.331(B)-(C), (E) |
| Oklahoma | Knowingly resisting an officer by force or violence is a misdemeanor, and willfully delaying or obstructing a public officer is a misdemeanor (recording police in a public area is not obstruction if it does not interfere); unless another penalty is set, a misdemeanor is punishable by up to one (1) year in county jail, a fine of up to $500.00, or both. Fleeing police in a vehicle (eluding a peace officer) is a misdemeanor punishable by up to one (1) year in county jail, a fine of $100.00 to $2,000.00, or both. Eluding in a way that endangers others, or that causes a crash with great bodily injury, is a Class C1 felony. 21 O.S. §§ 268, 540, 540A, 10 |
| Oregon | Intentionally resisting a person known to be a peace officer or parole and probation officer in making an arrest is resisting arrest, a Class A misdemeanor (up to 364 days, $6,250). Intentionally or knowingly preventing or trying to prevent an officer from performing lawful duties regarding another person or a criminal investigation is interfering with a peace officer, also a Class A misdemeanor; it does not cover passive resistance. Fleeing or attempting to elude a police officer is a Class C felony (up to 5 years) when the driver stays in the vehicle, and a Class A misdemeanor when the person gets out and flees on foot. ORS 162.315, 162.247, 811.540; 161.605, 161.615 |
| Pennsylvania | Resisting arrest is trying to prevent a public servant from making a lawful arrest or doing any other duty by creating a substantial risk of bodily injury to the officer or anyone else, or by means that require substantial force to overcome; it is a misdemeanor of the second degree (up to two years and $5,000). Intentionally obstructing the administration of law is also a misdemeanor of the second degree. A driver who flees or tries to elude police after a visual and audible signal to stop commits a misdemeanor of the second degree with an additional $500 fine; it is a felony of the third degree (up to seven years) if, while fleeing, the driver is driving under the influence, crosses a state line, or endangers a law enforcement officer or the public in a high-speed chase. 18 Pa.C.S. §§ 5104, 5101; 75 Pa.C.S. § 3733(a), (a.2); 18 Pa.C.S. §§ 1103, 1104 |
| Rhode Island | Using force or any weapon to resist a legal or an illegal arrest by a peace officer, when the person has reason to believe they are being arrested by a peace officer, is punishable by a fine up to $500, up to one year in prison, or both. Trying to elude or flee a police officer in an emergency police vehicle while driving more than 15 mph over the speed limit, or causing over $1,000 in property damage, is punishable on a first conviction by up to one year, a fine of $500 to $1,000, a license suspension of 90 days to six months, and forfeiture of the vehicle; a second or later conviction brings two (2) to five (5) years, a fine of $2,000 to $5,000, a license suspension of one to five years, and vehicle forfeiture. R.I. Gen. Laws §§ 12-7-10, 31-27-4.1 |
| South Carolina | Resisting or opposing a law enforcement officer in making an arrest is a misdemeanor punishable by a fine of $500 to $1,000, up to one year, or both. Assaulting, beating or wounding an officer while resisting arrest is a felony punishable by a fine of $1,000 to $10,000, up to ten years, or both. Failing to stop for a law enforcement vehicle's blue light and siren is, on a first offense, a misdemeanor punishable by a fine of not less than $500 or imprisonment of not more than three years, plus a license suspension of at least 30 days; a second or later offense, or leading police on a high-speed pursuit, is a felony punishable by up to ten years and a one-year license suspension. If the fleeing driver causes great bodily injury it is a felony punishable by up to fifteen years, and if death results, up to thirty years. S.C. Code §§ 16-9-320(A)-(B), 56-5-750 |
| South Dakota | Intentionally preventing or trying to prevent a law enforcement officer from arresting oneself or another person, by using or threatening force or violence or by other means creating a substantial risk of physical injury, is resisting arrest, a Class 1 misdemeanor (up to one year, $2,000). A driver who intentionally fails to stop at an officer's signal commits a Class 2 misdemeanor. Then fleeing or trying to elude the pursuing officer is third degree eluding, a Class 1 misdemeanor; it is second degree eluding, a Class 6 felony (up to two years), if the driving creates an inherent risk of death or serious bodily injury to a third person, and first degree eluding, a Class 4 felony (up to ten years), if the driver also causes serious bodily injury to another person. SDCL 22-11-4, 32-33-18, 32-33-18.1, 32-33-18.2, 32-33-18.3; 22-6-1, 22-6-2 |
| Tennessee | Intentionally preventing or obstructing a known law enforcement officer from making a stop, frisk, halt, arrest or search by using force is a Class B misdemeanor, or a Class A misdemeanor if the person uses a deadly weapon. Evading arrest on foot (hiding or fleeing from an officer the person knows is trying to arrest him or her) is a Class A misdemeanor. Fleeing police in a motor vehicle after a signal to stop is a Class E felony with at least 30 days of confinement, and a Class D felony with at least 60 days if the flight creates a risk of death or injury to bystanders, officers or others; the court must also suspend the driver license for six months to two years. Evading arrest that results in serious bodily injury to an officer is a Class C felony, and in an officer's death a Class A felony. Tenn. Code Ann. §§ 39-16-602(a), (d); 39-16-603(a), (b)(1), (d); 40-35-111 |
| Texas | Using force against a peace officer to prevent an arrest, search or transportation is resisting arrest, a Class A misdemeanor (up to one year and $4,000), and a third-degree felony if the person uses a deadly weapon. Intentionally fleeing from an officer lawfully trying to arrest or detain you is evading arrest, a Class A misdemeanor, and a state jail felony with a prior evading conviction. Fleeing in a vehicle is a felony; the code currently prints two versions of the grading (one makes it a state jail felony for a first offense, the other a third-degree felony). Evading is a third-degree felony if someone suffers serious bodily injury from the officer's attempt to catch the person, and a second-degree felony if someone dies. Tex. Penal Code §§ 38.03(a), (c), (d); 38.04(a), (b); 12.21, 12.33-12.35 |
| Utah | Interfering with an arrest or detention a person knows (or should know) a peace officer is making, by using force or a weapon, refusing a lawful order needed to make the arrest, or refusing to stop impeding it, is interference with a peace officer, a class B misdemeanor. Recording an officer in plain view does not by itself count as interference. Fleeing on foot or by other non-vehicle means after an officer's command to stop is a class A misdemeanor. Fleeing or eluding police in a vehicle after a signal to stop is a third degree felony with a fine of at least $1,000; it is a second degree felony with a fine of at least $5,000 if it causes death or serious bodily injury, and in either case the driver's license is revoked for one year. Utah Code §§ 76-8-305, 76-8-305.5, 41-6a-210 |
| Vermont | Intentionally trying to prevent your own lawful arrest by someone who reasonably appears to be a police officer is resisting arrest, punishable by up to one year and $500 for a first offense and up to two years and $1,000 for a second or later offense; believing the arrest was unlawful is not a defense. Failing to stop a vehicle when signaled by a uniformed officer or a police car with siren and blue lights (eluding a police officer) is punishable by up to one year and $1,000; up to five years if done while driving negligently or grossly negligently; up to 15 years and $5,000 if it causes serious bodily injury; and one to 15 years and up to $10,000 if it causes death. 13 V.S.A. § 3017; 23 V.S.A. § 1133 |
| Virginia | Intentionally preventing or trying to prevent a law-enforcement officer from lawfully arresting you (including fleeing after the officer applies physical force or tells you that you are under arrest) is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). Knowingly obstructing a law-enforcement officer in his duties is also a Class 1 misdemeanor; obstruction using threats of bodily harm or force in connection with certain drug-distribution or violent-felony cases is a Class 5 felony. Fleeing police in a vehicle after a signal to stop (eluding) is a Class 2 misdemeanor (up to 6 months and/or $1,000); it becomes a Class 6 felony if the driving endangers a person or the police vehicle, and a Class 4 felony (2 to 10 years) if an officer is killed in the pursuit. Eluding also requires a license suspension of 30 days to one year (at least 90 days if the driver went 20 mph or more over the limit). Va. Code §§ 18.2-460(A)-(C), (E); 46.2-817(A)-(D); 18.2-10; 18.2-11 |
| Washington | Intentionally preventing or trying to prevent a peace officer from lawfully arresting you is resisting arrest, a misdemeanor (up to 90 days and $1,000). Willfully hindering, delaying or obstructing a law enforcement officer performing official duties is obstructing a law enforcement officer, a gross misdemeanor (up to 364 days and $5,000). Willfully failing to stop for a uniformed officer's signal and driving recklessly while trying to elude a marked police vehicle is attempting to elude a pursuing police vehicle, a class C felony (up to 5 years and $10,000), and the driver's license must be revoked. RCW 9A.76.040, 9A.76.020, 46.61.024, 9A.20.021 |
| West Virginia | Obstructing or resisting a police officer is a misdemeanor punishable by a fine of $50 to $500, up to 1 year in jail, or both; disarming an officer is a felony (1 to 5 years). Running from an officer on foot is a misdemeanor with penalties that rise with each offense. Fleeing police in a vehicle after a clear signal to stop is a misdemeanor on a first offense (fine of $500 to $1,000 and up to 1 year in jail) and a felony on a second offense. Fleeing in a vehicle is a felony from the first offense if done with reckless indifference (1 to 5 years), causing bodily injury (3 to 10 years), causing death (5 to 15 years), or while impaired (3 to 10 years). W. Va. Code § 61-5-17(a), (b), (d)-(j) |
| Wisconsin | Knowingly resisting or obstructing an officer acting in an official capacity with lawful authority (including knowingly giving false information to the officer) is a Class A misdemeanor (up to 9 months and/or $10,000). It is a Class H felony (up to 6 years) if it causes substantial bodily harm or a soft tissue injury to the officer, and a Class G felony (up to 10 years) if it causes great bodily harm. Knowingly fleeing or attempting to elude a police officer in a vehicle after a signal to stop (by willful disregard that endangers others, increasing speed, or turning off lights) is a Class H felony; it is a Class G felony if it causes bodily harm or property damage, and a Class E felony (with at least 1 year 6 months of initial confinement) if it causes great bodily harm. Wis. Stat. §§ 946.41(1), (2r), (2t); 346.04(3); 346.17(3)(a)-(c); 939.50(3) |
| Wyoming | Knowingly obstructing, impeding or interfering with a peace officer, or resisting arrest, while the officer is lawfully performing duties is a misdemeanor punishable by up to one (1) year in jail, a fine of not more than $1,000, or both. Causing or attempting to cause bodily injury to the officer is a felony with up to ten (10) years, and disarming an officer of a firearm is a felony with up to five (5) years. Fleeing or attempting to elude a marked police vehicle after a signal to stop is a misdemeanor punishable by up to six (6) months and $750; it becomes aggravated fleeing, a felony punishable by up to five (5) years and $5,000, with a prior fleeing conviction, or if the driver attempts to cause or causes bodily injury or causes more than $10,000 in property damage. W.S. 6-5-204(a)-(c), 31-5-225 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.