Wash. Rev. Code » Title 9A · Chapter 9A.76
Revised Code of Washington

Wash. Rev. Code § 9A.76.040 (2026)

Resisting arrest

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her.
(2) Resisting arrest is a misdemeanor.
[ 2011 c 336 s 399; 1975 1st ex.s. c 260 s 9A.76.040.]
Notes of Decisions
Cited in 68 cases (11 in the last 5 years), 1981–2026 · leading case: Bradford v. City of Seattle, 557 F. Supp. 2d 1189 (W.D. Wash. 2008).
Sort: Relevance Newest Treatment
Bradford v. City of Seattle, 557 F. Supp. 2d 1189 (W.D. Wash. 2008). · cites it 4× “A person is guilty of Obstructing if he or she “will *1200 fully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties,” id. § 9A.76.020(1), and is guilty of Resisting Arrest if he “intentionally prevents or attempts…”
State v. Ware, 111 Wash. App. 738 (Wash. Ct. App. 2002). · cites it 4× “Ware’s statement indicating she would not be taken “could readily be interpreted as an intention to resist what has now been found to be a lawful arrest.” RP at 65. Even so, the court’s written findings merely indicated Ms.”
State v. Graham, 927 P.2d 227 (Wash. 1996). · cites it 3× “The defendant resisted by pulling away and flailing, kicking and screaming at the officers. The officers felt it was necessary to shackle the defendant.”
State v. Graham, 927 P.2d 227 (Wash. 1996). · cites it 3× “The officers felt it was necessary to shackle the defendant.”
Brooks v. City of Seattle, 599 F.3d 1018 (9th Cir. 2010). · cites it 2× “See Wash. Rev. Code § 9A.76.040. If the Officers had no authority to take Brooks into custodial arrest to begin with, then they had no probable cause to arrest her for resisting arrest.”
State v. Walters, 255 P.3d 835 (Wash. Ct. App. 2011). · cites it 2× “050; RCW 9A.76.040. The first element for obtaining an intoxication instruction was satisfied.”
State v. Williams, 627 P.2d 581 (Wash. Ct. App. 1981). · cites it 3× “Williams seeks solace in the fact that RCW 9A.76.040, defining "resisting arrest," specifically mentions to be guilty of that crime one must intentionally prevent or attempt to prevent a peace officer from lawfully arresting him.”
State v. Godsey, 127 P.3d 11 (Wash. Ct. App. 2006). · cites it 2× “Godsey, "[w]ith intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension of himself or another person, assault[ed] another.”
State v. Cross, 234 P.3d 288 (Wash. Ct. App. 2010). “040(l)(b), and one count of resisting arrest, a misdemeanor under RCW 9A.76.040. On June 19, 2008, the State filed an amended information adding one count of harassment (bodily injury), a gross misdemeanor under RCW 9A.”
Staats v. Brown, 991 P.2d 615 (Wash. 2000). “Subsequent to arrest for failure to provide information, but prior to release, Staats was cited for three misdemeanors: (1) commencing unlawful construction in violation of former RCW 75.”
State v. Mollichi, 936 P.2d 408 (Wash. 1997). “080(l)(a)); and resisting arrest in the second degree (RCW 9A.76.040). The juvenile court entered an Order Waiving Hearing and Setting for Plea that indicated the parties had waived a case setting hearing "pursuant to the following agreement”: The respondent [Mollichi], having…”
State v. Mollichi, 936 P.2d 408 (Wash. 1997). “080(1)(a)); and resisting arrest in the second degree (RCW 9A.76.040). The juvenile court entered an Order Waiving Hearing and Setting for Plea that indicated the parties had waived a case setting hearing "pursuant to the following agreement": The respondent [Mollichi], having…”
Show all 68 citing cases →
— Wash. Rev. Code § 9A.76.040(1) — 33 cases
State v. Ware, 111 Wash. App. 738 (Wash. Ct. App. 2002). “Ware’s statement indicating she would not be taken “could readily be interpreted as an intention to resist what has now been found to be a lawful arrest.” RP at 65. Even so, the court’s written findings merely indicated Ms.”
Bradford v. City of Seattle, 557 F. Supp. 2d 1189 (W.D. Wash. 2008). “A person is guilty of Obstructing if he or she “will *1200 fully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties,” id. § 9A.76.020(1), and is guilty of Resisting Arrest if he “intentionally prevents or attempts…”
State v. Graham, 927 P.2d 227 (Wash. 1996). “The defendant resisted by pulling away and flailing, kicking and screaming at the officers. The officers felt it was necessary to shackle the defendant.”
State v. Graham, 927 P.2d 227 (Wash. 1996). “The officers felt it was necessary to shackle the defendant.”
State v. Godsey, 127 P.3d 11 (Wash. Ct. App. 2006). “Godsey, "[w]ith intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension of himself or another person, assault[ed] another.”
— Wash. Rev. Code § 9A.76.040(2) — 4 cases
Bradford v. City of Seattle, 557 F. Supp. 2d 1189 (W.D. Wash. 2008). “A person is guilty of Obstructing if he or she “will *1200 fully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties,” id. § 9A.76.020(1), and is guilty of Resisting Arrest if he “intentionally prevents or attempts…”
Zawacky v. Cnty. of Clark (W.D. Wash. 2023).
State Of Washington v. Karena Eidsmoe (Wash. Ct. App. 2016).
State of Washington v. Vladimir Borisov (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.76.040(l) — 1 case
State of Washington v. Susan Jayne Laster (Wash. Ct. App. 2015).
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.