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Resisting And Fleeing

W. Va. Code § 61-5-17 — obstructing an officer, a false statement, and fleeing on foot or in a vehicle

Forcibly or illegally hindering or obstructing a law-enforcement officer by threats, menaces or acts is a misdemeanor, with a fine of not less than $50 nor more than $500 or jail of not more than one year, or both.

  • W. Va. Code § 61-5-17
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Knowingly making a materially false statement to impede an officer's investigation is a misdemeanor too, though the section does not reach statements made by a spouse in some cases.

  • W. Va. Code § 61-5-17

Fleeing in a vehicle. Intentionally fleeing in a vehicle after an officer gives a clear visual or audible signal to stop is a misdemeanor with a fine of not less than $500 nor more than $1,000 and jail of not more than one year. Reckless driving, injury or impairment while fleeing makes it a felony.

  • W. Va. Code § 61-5-17

Fleeing does not include a reasonable attempt to travel to a safe place, letting the officer keep watch, in order to comply with the direction to stop.

  • W. Va. Code § 61-5-17

Fleeing on foot from a lawful arrest or detention is its own offense in the same section. A particular charge is a question for a licensed West Virginia attorney.

  • W. Va. Code § 61-5-17
Sources for this section (1)
  1. W. Va. Code § 61-5-17 — Obstructing officer; fleeing from officer; false statements

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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