Resisting And Fleeing
Va. Code 18.2-460 — obstruction, resisting arrest, and eluding a signal to stop
| The conduct | The offense |
|---|---|
| The conductKnowingly obstructing an officer in the performance of duty without just cause, or refusing without just cause to stop obstructing when asked | The offenseClass 1 misdemeanor |
| The conductFleeing to prevent a lawful arrest | The offenseClass 1 misdemeanor |
| The conductKnowingly and willfully making a materially false statement to an officer investigating someone else's crime | The offenseClass 1 misdemeanor |
| The conductDriving in willful and wanton disregard of a signal to stop, or trying to elude the officer | The offenseClass 2 misdemeanor |
| The conductDoing so in a way that endangers a person or the police vehicle | The offenseClass 6 felony |
Resisting arrest is defined as fleeing, in two situations. Preventing a lawful arrest means fleeing when the officer applies physical force to the person, or when the officer communicates that the person is under arrest, has the authority and immediate physical ability to make the arrest, and a reasonable person would know they are not free to leave.
A conviction for eluding also brings a license suspension of not less than thirty days nor more than one year. It is an affirmative defense that the driver reasonably believed the pursuer was not a law-enforcement officer.
Sources for this section (2)
- Va. Code 18.2-460 — Obstructing justice; resisting arrest; fleeing from a law-enforcement officer
- Va. Code 46.2-817 — Disregarding signal by law-enforcement officer to stop; eluding police
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.