Delaware Code
11 Del. C. § 1257 (2026)
Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor
✓ current as of May 2026
Find cases:
SyfertCases citing this section
DE-DELCdelcode.delaware.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
(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.
11 Del. C. 1953, § 1257; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 310, §§ 1-3; 77 Del. Laws, c. 266, § 1; 79 Del. Laws, c. 259, § 1;Notes of Decisions
Cited in 26
cases (11 in the last 5 years), 2015–2025 · leading case: Mills v. State, 201 A.3d 1163 (Del. 2019).
Mills v. State, 201 A.3d 1163 (Del. 2019). “While resisting arrest with force or violence is already a crime (11 Del. C. § 1257(a) ), it is a class G felony, which will generally have no sentencing consequences when paired with a drug felony.”
State of Delaware v. Lynile Chapman (Del. Ct. Com. Pl. 2019). “Lastly, Defendant argues that a charge under 11 Del. C. § 1257 cannot survive the particular Fourth Amendment violations of this case and the legislative history of 11 Del.”
Cauffman v. State (Del. 2015). “At the time, the Resisting Arrest statute, 11 Del. C. § 1257, provided that: (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…”
State of Delaware v. Leroy Berry (Del. Ct. Com. Pl. 2018). “50 Given that Officer Hilliard provided ample time for Defendant to comply,51 the Court sees no reason why Defendant’s conduct does not provide probable cause to arrest him pursuant to § 1257(b).”
Baer v. State (Del. 2020). “§ 1244(a)(2), which the State amended to resisting arrest under 11 Del. C. § 1257(b). On August 19, 2019, the Family Court held trial.”
State v. Thomas (Del. Super. Ct. 2024). “§ 1447; in criminal action number 2103016186 to one count of Resisting Arrest, 11 Del.C. § 1257. He was also charged in 2010012425 with one 4 additional count of Possession of a Firearm During the Commission of a Felony, six counts of Possession of a Firearm by a Person…”
Sanogo v. Univ. of Delaware (D. Del. 2025). “Sanogo was charged with the misdemeanor of resisting arrest under 11 Del. C. § 1257(b). (D.I. 10-1 at 3 of 6).”
Waters v. State (Del. 2016). “511 Del. C. § 1257. Waters raises one claim on appeal.”
State v. Harris (Del. Super. Ct. 2017). “§ 601(a)(1), and one count of Resisting Arrest, 11 Del. C. § 1257. In exchange for Harris’ plea, the State entered nolle prosequis on the remaining charges.”
Graham v. State (Del. 2017). “While the Resisting Arrest statute does not define “force,” our case law has applied its ordinary meaning and dictionary definition: the use of strength or power.”
State v. Thomas (Del. Super. Ct. 2018). “§ 604; one count of Resisting Arrest 11 Del. C. § 1257; and one count of Failure to stop for a Police Signal, 21 Del.”
State v. Hixon (Del. Super. Ct. 2019). “§ 907; one count of Resisting Arrest, a misdemeanor, in violation of 11 Del. C. § 1257(b); one count of Possession of Drug Paraphernalia, a misdemeanor, in violation of 16 Del.”
— 11 Del. C. § 1257(a) — 3 cases
Mills v. State, 201 A.3d 1163 (Del. 2019). “While resisting arrest with force or violence is already a crime (11 Del. C. § 1257(a) ), it is a class G felony, which will generally have no sentencing consequences when paired with a drug felony.”
Cauffman v. State (Del. 2015). “At the time, the Resisting Arrest statute, 11 Del. C. § 1257, provided that: (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…”
Wilson v. State (Del. 2024).
— 11 Del. C. § 1257(a)(1) — 2 cases
Graham v. State (Del. 2017). “While the Resisting Arrest statute does not define “force,” our case law has applied its ordinary meaning and dictionary definition: the use of strength or power.”
Reyes v. State (Del. 2024).
— 11 Del. C. § 1257(a)(3) — 2 cases
State v. Thomas (Del. Super. Ct. 2024). “§ 1447; in criminal action number 2103016186 to one count of Resisting Arrest, 11 Del.C. § 1257. He was also charged in 2010012425 with one 4 additional count of Possession of a Firearm During the Commission of a Felony, six counts of Possession of a Firearm by a Person…”
Cauffman v. State (Del. 2015). “At the time, the Resisting Arrest statute, 11 Del. C. § 1257, provided that: (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…”
— 11 Del. C. § 1257(b) — 13 cases
State of Delaware v. Lynile Chapman (Del. Ct. Com. Pl. 2019). “Lastly, Defendant argues that a charge under 11 Del. C. § 1257 cannot survive the particular Fourth Amendment violations of this case and the legislative history of 11 Del.”
State of Delaware v. Leroy Berry (Del. Ct. Com. Pl. 2018). “50 Given that Officer Hilliard provided ample time for Defendant to comply,51 the Court sees no reason why Defendant’s conduct does not provide probable cause to arrest him pursuant to § 1257(b).”
Baer v. State (Del. 2020). “§ 1244(a)(2), which the State amended to resisting arrest under 11 Del. C. § 1257(b). On August 19, 2019, the Family Court held trial.”
Sanogo v. Univ. of Delaware (D. Del. 2025). “Sanogo was charged with the misdemeanor of resisting arrest under 11 Del. C. § 1257(b). (D.I. 10-1 at 3 of 6).”
Cauffman v. State (Del. 2015). “At the time, the Resisting Arrest statute, 11 Del. C. § 1257, provided that: (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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.