Resisting Arrest

resisting arrest in VirginiaResisting Arrest in Virginia under Va. Code §18.2-479.1 occurs when an offender intentionally prevents or attempts to prevent a law enforcement officer from arresting him.  Resisting arrest in Virginia can occur in one of two ways: fleeing when an officer applies physical force to the person being arrested, or fleeing when an officer communicates to the person that he is under arrest, the officer has legal authority to place the person under arrest and the apparent physical ability to do so, and a reasonable person receiving that communication knows or should know that he is not free to leave.  “Fleeing” means running away from the officer or moving away from the officer’s immediate span of control.

Proof of Resisting Arrest in Virginia

To convict an offender of resisting arrest in Virginia under Va. Code §18.2-479.1, the Commonwealth must prove:

  • a lawful arrest
  • the officer applied physical force to the suspect, and
  • the suspect fledresisting-arrest-in-virginia-is-punished-with-up-to-12-months-in-jail

or

  • a lawful arrest
  • the officer communicated to the person that he was under arrest
  • the officer had legal authority to arrest
  • the officer had the apparent physical ability to arrest
  • a reasonable person knew or should have known that he was not free to leave, and
  • the suspect fled.

The Commonwealth must prove a lawful arrest in order to convict an offender of Resisting Arrest in Virginia under Va. Code §18.2-479.1  A person may use reasonable force to resist an unlawful arrest or a lawful arrest being made with unreasonable force and therefore cannot be convicted of resisting arrest under those circumstances.

Penalty for Resisting Arrest in Virginia

Resisting arrest in Virginia under Va. Code §18.2-479.1 is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.

Resisting Arrest in Virginia (Va. Code 18.2-479.1)

§18.2-479.1. Resisting arrest; fleeing from a law-enforcement officer; penalty.

A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.