Assault with intent to resist arrest is a statutory offense of aggravated assault in England and Wales, Northern Ireland and the Republic of Ireland, created by section 38 of the Offences against the Person Act 1861. It is committed by assaulting any person with intent to resist or prevent the lawful apprehension of oneself or another, and because it requires an actual assault rather than mere non-violent evasion, it carries a heavier maximum penalty, of up to two years' imprisonment on indictment in England and Wales, than simple resisting arrest.
Facts
Classification
Offense GradeMinor or Summary Offense 1 Classification CodeSection 38, Offences against the Person Act 1861 1 Connections
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Source Offences against the Person Act 1861 (Wikipedia)Lead sentenceQuote, Lead sentence
The Offences Against the Person Act 1861 (24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single act.
Sources
1. Offences against the Person Act 1861 (Wikipedia)
Section 38Quote, Section 38
In England and Wales, this section creates the offence of assault with intent to resist arrest
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