According to U.S. Code, if you resist arrest by any person designated to make arrests, you can be fined and imprisoned for up to a year. State laws vary, but generally anybody who willfully resists, delays, or obstructs a peace officer in the performance of his or her duty is in violation of the Penal Code. Generally, simple verbal abuse is not regarded as resisting arrest; neither is lying down and refusing to cooperate. The police are generally empowered to use a minimum of justifiable force to perform their duty in an arrest situation. If you're detained by a police officer, even if you believe you're being unjustly detained, you should obey the officer's instructions and contact an attorney as soon as possible. If a suspect uses any violence in resisting arrest by a peace officer in the performance of duty, he or she may be guilty of a felony.