{"id":377001,"date":"2018-05-24T16:14:38","date_gmt":"2018-05-24T21:14:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-resisting-arrest-laws.html"},"modified":"2025-09-22T11:33:06","modified_gmt":"2025-09-22T16:33:06","slug":"virginia-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-resisting-arrest-laws.html","title":{"rendered":"Virginia Resisting Arrest Laws"},"content":{"rendered":"\n
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Virginia Resisting Arrest Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Resisting arrest<\/span> in Virginia<\/span> is a crime where an individual intentionally prevents a law enforcement officer<\/span> from lawfully arresting them, either fleeing when physical force<\/span> is used or after an officer informs them of the arrest. The penalties are up to 12 months in jail and fines up to $2,500.<\/p>\n\n <\/div>\n\n\n\n

Federal and state laws protect citizens from unfair treatment by law enforcement. For example, there are laws against police brutality and racial profiling. However, there are also laws that support law enforcement officers<\/span>, especially when it comes to making a lawful arrest<\/span><\/a>.<\/p>\n

Every state, including Virginia<\/span>, has laws against resisting arrest<\/span>. If a person interferes with a police officer<\/span>‘s attempt to arrest them, they’ll face criminal charges<\/span><\/a>, potential jail time<\/span>, and hefty fines.<\/p>\n

This article discusses Virginia<\/span>‘s <\/span>resisting <\/span>arrest<\/span> laws<\/span>, including the possible penalties and defenses to this crime. It also examines and explains how Virginia<\/span> law<\/span> defines resisting arrest<\/span> and related crimes, such as obstruction of justice<\/span><\/a>.<\/p>\n

If you’re facing charges of <\/span>resisting arrest<\/span> or similar charges, consider contacting an experienced Virginia<\/span> criminal defense lawyer<\/span><\/a> for legal advice<\/span>.<\/p>\n

How Does the Commonwealth<\/span> of Virginia<\/span> Define Resisting Arrest<\/span>?<\/h2>\n

According to Virginia<\/span> law<\/span>, resisting arrest<\/span><\/a> involves a person who intentionally prevents or tries to prevent a law enforcement officer<\/span> from arresting them. They can do this in one of two ways.<\/p>\n

A person is guilty of resisting arrest<\/span> if they flee from a police officer<\/span> while the officer uses physical force<\/span> to arrest them. It\u2019s also considered resisting arrest<\/span> when they attempt to evade the officer after the officer communicates that the person is under arrest<\/a>.<\/p>\n

To qualify as resisting arrest<\/span> in the second example, the officer must have had the legal authority<\/span> to arrest the suspect and the apparent physical ability<\/span> to do so.<\/p>\n

Virginia<\/span> Resisting <\/span>Arrest<\/span> Laws<\/span>: Summary<\/h2>\n

While it’s essential to read the actual law when researching the answer to a legal question, reading a summary of the law in plain English can also be helpful. We\u2019ve gathered Virginia<\/span>‘s <\/span>resisting <\/span>arrest<\/span> laws<\/span> and links to relevant statutes below for quick and easy reference. The text of these and related statutes is under the Virginia<\/span> Code<\/span>‘s Administration of Justice<\/span><\/a> section.<\/p>\n

Virginia<\/span> Resisting Arrest<\/span> Statute<\/strong><\/h3>\n

Virginia<\/span> Code<\/span> Section<\/span> 18.2-460<\/a> (Resisting Arrest<\/span><\/em>)<\/p>\n

What’s Prohibited?<\/strong><\/h3>\n

It’s illegal for a person to intentionally prevent or attempt to prevent a police officer<\/span> from lawfully arresting them.<\/p>\n

Intentionally preventing\/attempting to prevent means the officer applies physical force<\/span> to the person. It also occurs if the officer tells the person that they are under arrest, and both of the following apply:<\/p>\n