Virginia Resisting Arrest Laws

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, especially when it comes to making a lawful arrest.

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

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

If you’re facing charges of resisting arrest or similar charges, consider contacting an experienced Virginia criminal defense lawyer for legal advice.

How Does the Commonwealth of Virginia Define Resisting Arrest?

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

A person is guilty of resisting arrest if they flee from a police officer while the officer uses physical force to arrest them. It’s also considered resisting arrest when they attempt to evade the officer after the officer communicates that the person is under arrest.

To qualify as resisting arrest in the second example, the officer must have had the legal authority to arrest the suspect and the apparent physical ability to do so.

Virginia Resisting Arrest Laws: Summary

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’ve gathered Virginia‘s resisting arrest laws and links to relevant statutes below for quick and easy reference. The text of these and related statutes is under the Virginia Code‘s Administration of Justice section.

Virginia Resisting Arrest Statute

Virginia Code Section 18.2-460 (Resisting Arrest)

What’s Prohibited?

It’s illegal for a person to intentionally prevent or attempt to prevent a police officer from lawfully arresting them.

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

• The officer has the legal authority and physical ability to arrest the person
• A reasonable person knows (or should know) that they aren’t free to leave.

Charges and Penalties

Resisting arrest is a Class 1 misdemeanor, punishable by up to 12 months in jail and a possible fine of up to $2,500.

Related Statute

Virginia Code Section 18.2-473, et seq. (Escape of, Communications with, and Deliveries to Prisoners)

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense attorney or conduct further legal research to verify your state laws.

Charged Under Virginia Resisting Arrest Laws? Get Legal Help

A conviction under Virginia‘s criminal laws can result in jail time, fines, and other severe consequences. If you’re facing charges of resisting arrest or any other crime in Virginia, contact a local criminal defense lawyer to discuss your case and plan a strong defense.