Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.

  1. Law
  2. Delaware Code
  3. Crimes and Criminal Procedure
  4. Specific Offenses
  5. Offenses Against Public Administration
  6. Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor.

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(a) A person is guilty of resisting arrest with force or violence when:

(1) The person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person by use of force or violence towards said peace officer; or

(2) The person intentionally flees from a peace officer, who is effecting an arrest or detention of the person, by use of force or violence towards said peace officer; or

(3) While a peace officer is effecting an arrest or detention of a person, the person causes physical injury to the peace officer. Resisting arrest with force or violence is a class G felony.

(b) A person is guilty of resisting arrest when the person intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of the person or another person or intentionally flees from a peace officer who is effecting an arrest or detention of the person.

Resisting arrest is a class A misdemeanor.


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