Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 10. Crimes Against the Administration of Justice » Article 7. Escape of, Communications with and Deliveries to Prisoners
Virginia Code

Va. Code Ann. § 18.2-479.1 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2018, c. 417, cl. 2.

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 2003–2023 · leading case: Isiah David Joseph v. Commonwealth of Virginia, 768 S.E.2d 256 (Va. Ct. App. 2015).
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Isiah David Joseph v. Commonwealth of Virginia, 768 S.E.2d 256 (Va. Ct. App. 2015). · cites it 22× “Isiah David Joseph appeals his conviction for resisting arrest, in violation of Code § 18.2-479.1. He contends that the evidence was insufficient to support his conviction because the Commonwealth failed to prove that he fled from a law enforcement officer and, consequently, he…”
Neighbors v. Com., 650 S.E.2d 514 (Va. 2007). · cites it 4× “BACKGROUND AND MATERIAL PROCEEDINGS BELOW Neighbors was arrested for violating Code § 18.2-479.1 2 but entered an Alford plea to the reduced charge of resisting arrest in the General District Court of Orange County on June 14, 2004.”
Hall v. Com., 701 S.E.2d 68 (Va. 2010). · cites it 4× “1, which makes it unlawful for any person to "intentionally prevent [] or attempt[] to prevent a law-enforcement officer from lawfully arresting him," does not require that such person be in the lawful "custody of any police officer.”
Coles v. Commonwealth, 605 S.E.2d 784 (Va. Ct. App. 2004). · cites it 2× “1 (criminalizing resisting arrest and defining it as “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”). III. Conclusion We therefore hold that, in order to…”
Freddy Velez-Suarez v. Commonwealth of Virginia, 767 S.E.2d 715 (Va. Ct. App. 2015). · cites it 2× “2-137; and preventing a law enforcement officer from lawfully arresting him in violation of Code § 18.2-479.1. As this is a sufficiency of the evidence case, we review the facts before the trial court in their entirety in order to determine whether those facts supported…”
Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 14× “The pre-2003 case law and the General Assembly’s response The legislative history of Code § 18.2-479.1—the predecessor of Code § 18.”
William Thaddeus Perry v. Commonwealth of Virginia (Va. Ct. App. 2015). · cites it 19× “William Thaddeus Perry appeals his conviction for misdemeanor resisting arrest in violation of Code § 18.2-479.1. He argues that the evidence is insufficient to support his conviction because it fails to prove that he intended to resist arrest by fleeing, as required by the…”
Kevin Anthony Battaglia v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 9× “012(A); and resisting arrest in violation of Code § 18.2-479.1. Appellant argues that the trial court erred when it permitted a witness to read his entire witness statement in open court, in denying appellant’s motion for a mistrial, and in finding that the evidence was…”
Neal Andrew Peters v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 8× “, Code § 18.2-479.1 – where the appellant refused to comply with an officer’s commands to place his hands behind his back, “repel[led] the officer’s efforts to secure the handcuffs on him,” and “backed up onto the 6 In 2018, the General Assembly repealed Code § 18.”
Sean James Horan v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 6× “, Code § 18.2-479.1.” Peters v. Commonwealth, 72 Va.”
Jason Lamont Cunningham v, Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 6× “Alternatively, the Commonwealth argues that even if the encounter was only an investigative detention at the time 3 This conduct used to be proscribed in Code § 18.2-479.1 using the same language.”
Kerry Lenell Boone v. Commonwealth (Va. Ct. App. 2005). · cites it 4× “Code § 18.2-479.1 provides as follows: A.”
Show all 16 citing cases →
Va. Code Ann. § 18.2-479.1(A): 2 cases
Brandon Jarell Love v. Commonwealth of Virginia (Va. Ct. App. 2010).
William Thaddeus Perry v. Commonwealth of Virginia (Va. Ct. App. 2015). “William Thaddeus Perry appeals his conviction for misdemeanor resisting arrest in violation of Code § 18.2-479.1. He argues that the evidence is insufficient to support his conviction because it fails to prove that he intended to resist arrest by fleeing, as required by the…”
Va. Code Ann. § 18.2-479.1(B): 2 cases
Isiah David Joseph v. Commonwealth of Virginia, 768 S.E.2d 256 (Va. Ct. App. 2015). “Isiah David Joseph appeals his conviction for resisting arrest, in violation of Code § 18.2-479.1. He contends that the evidence was insufficient to support his conviction because the Commonwealth failed to prove that he fled from a law enforcement officer and, consequently, he…”
Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia (Va. Ct. App. 2023). “The pre-2003 case law and the General Assembly’s response The legislative history of Code § 18.2-479.1—the predecessor of Code § 18.”
Va. Code Ann. § 18.2-479.1(B)(i): 1 case
William Thaddeus Perry v. Commonwealth of Virginia (Va. Ct. App. 2015). “William Thaddeus Perry appeals his conviction for misdemeanor resisting arrest in violation of Code § 18.2-479.1. He argues that the evidence is insufficient to support his conviction because it fails to prove that he intended to resist arrest by fleeing, as required by the…”
Va. Code Ann. § 18.2-479.1(B)(ii)(a): 1 case
Kevin Anthony Battaglia v. Commonwealth of Virginia (Va. Ct. App. 2017). “012(A); and resisting arrest in violation of Code § 18.2-479.1. Appellant argues that the trial court erred when it permitted a witness to read his entire witness statement in open court, in denying appellant’s motion for a mistrial, and in finding that the evidence was…”
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