A traffic stop or street encounter with police can escalate quickly, and how a person reacts in that moment carries real legal consequences. Yes, it is illegal to resist arrest during a lawful stop in Pennsylvania. State law makes resisting arrest a standalone criminal offense, separate from whatever charge prompted the arrest in the first place, and a conviction can mean real jail time.
The Statute: 18 Pa.C.S. ยง 5104
Pennsylvania’s resisting arrest law is found at Title 18, Section 5104 of the Pennsylvania Consolidated Statutes. The statute is written narrowly compared to many criminal laws. It provides that a person commits a second-degree misdemeanor if, with the intent of preventing a public servant from making a lawful arrest or carrying out another official duty, the person creates a substantial risk of bodily injury to the officer or anyone else, or forces the officer to use substantial force to complete the arrest.
What Counts as “Resisting”
A common misconception is that resisting arrest requires striking or physically attacking an officer. That is not accurate. The statute’s language is broad enough to cover conduct well short of violence. Pulling an arm away, going limp, stiffening up to prevent handcuffing, or otherwise making the arrest more physically difficult can all qualify, so long as the conduct creates a substantial risk of injury or forces the officer to escalate the level of force used. In practice, this means behavior that might feel like an instinctive or defensive reaction, rather than deliberate aggression, can still result in a resisting arrest charge.
Penalties for a Conviction
Resisting arrest is graded as a second-degree misdemeanor in Pennsylvania. That classification carries a maximum sentence of up to two years in prison and a fine of up to $5,000. While that is less severe than a felony, a conviction still creates a permanent criminal record and can complicate employment, housing, and other opportunities down the line.
A Separate Charge From the Underlying Arrest
One important detail people often overlook is that resisting arrest is prosecuted as its own distinct offense, apart from whatever conduct led to the arrest in the first place. This means a person can face two separate criminal cases arising from the same incident: one for the original offense, such as a DUI or disorderly conduct charge, and another specifically for resisting. In many cases, defendants end up contesting both charges simultaneously, since fighting the resisting arrest charge often requires also addressing the validity of the underlying arrest.
What About an Unlawful Arrest?
The statute specifically applies to lawful arrests. This raises a natural question: what happens if the arrest itself was not lawful? Pennsylvania courts have generally held that individuals should not use physical resistance as a self-help remedy, even when they believe an arrest is unlawful. The safer and legally recommended course of action is to comply at the scene and challenge the legality of the arrest afterward, through a motion to suppress evidence, a civil rights claim, or another appropriate legal channel. Physically resisting in the moment, even in response to what may later be proven an unlawful arrest, can still expose a person to a separate resisting arrest charge.
Related Offenses to Be Aware Of
Pennsylvania law also includes several related statutes that often arise alongside resisting arrest charges, including disarming a law enforcement officer under Section 5104.1 and evading arrest or detention on foot under Section 5104.2. Prosecutors frequently charge these provisions together when an encounter escalates, which can increase the overall severity of a person’s legal exposure.
Bottom Line
Pennsylvania treats resisting arrest as a serious offense, and the legal definition covers more conduct than most people expect. Given how broadly courts have interpreted what counts as “resistance,” and how these charges frequently accompany other criminal allegations, anyone facing a resisting arrest charge should consult a licensed Pennsylvania criminal defense attorney promptly to understand their rights and options.
