Resisting and Fleeing
11 Del. C. § 1257 — resisting arrest is a class A misdemeanor, a class G felony with force, and fleeing in a car is a felony too
A person who intentionally prevents or tries to prevent a peace officer from making an arrest or detention, of the person or someone else, or who intentionally flees from an officer making one, is guilty of resisting arrest, a class A misdemeanor.
Doing it by force or violence toward the officer, or causing the officer physical injury during the arrest, is resisting arrest with force or violence, a class G felony.
Fleeing in a vehicle. A driver who disregards a police officer's visual or audible signal to stop, or speeds up or turns off the lights to flee, is guilty of a class G felony with a minimum fine of $575 that may not be suspended, and the license may be revoked for 2 years. A subsequent offense is a class E felony with a minimum fine of $1,150.
Force is not justifiable to resist an arrest the person knows or should know is being made by a peace officer, whether or not the arrest is lawful.
Whether an arrest was lawful is decided afterward, in court. A particular charge is a question for a licensed Delaware attorney.
Sources for this section (3)
- 11 Del. C. § 1257 — Resisting arrest with force or violence, class G felony; resisting arrest, class A misdemeanor
- 21 Del. C. § 4103 — Obedience to authorized persons directing traffic
- 11 Del. C. § 464 — Justification; Use of force in self-protection
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.