Obstruction of Justice v. Resisting Arrest – What is the difference?
Resisting Arrest in Virginia is illegal under VA Code 18.2-479.1 when an officer is attempting to make a lawful, proper arrest. If, however, the arrest was not based on probable cause or the officer has no authority to make the arrest, then resisting the arrest is not a crime. Additionally, only the individual who is being arrested can be charged under this code section, whereas others interfering with the arrest cannot be punished under this section. Instead, an interfering third person would be charged under VA Code 18.2-460, for Obstruction of Justice.