Question 1

What is Resisting Arrest in California?

Accepted Answer

Resisting arrest is covered in California Penal Code 148 which states:

"Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician…in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment."

In other words, resisting arrest is considered an act of resistance toward a peace officer who is attempting to perform the duty of his job. The same offense applies for impeding or resisting an EMT or any other public officer performing their duty. PC 148 provides for a broad interpretation, and resisting arrest may not only include in-person physical resistance. Some common examples of charges filed for resisting arrest include:

Fleeing the scene of a crime
Physically struggling against police officers in their attempt to arrest you
Going “limp” and forcing officers to carry or drag you
Providing false identification to avoid arrest
Attempting to stop an officer from arresting another

However, a police offer may not arrest you for no reason. There are certain elements that must be present for a lawful conviction. The prosecution must be able to prove that:

The alleged victim was an officer of the law or an EMT attempting to lawfully perform their official duties
You intentionally delayed, resisted, or in some other way obstructed the victim from doing their duties
When you resisted, it was already made clear to you that the victim was an officer or an EMT

Without these three components the charge of resisted arrest is not legitimate, and the prosecution will not be able to successfully convict you. This means that if your initial arrest was not legal, you did not intend to resist, or you were unaware the officer in question was an officer of the law, you should not have been charged with resisting arrest.

Furthermore, certain acts, such as shouting or swearing at an officer, are not grounds for a resisted arrest charge. Courts have often maintained that speaking rudely to an officer is completely legal and falls within the first amendment.

Question 2

What Are the Penalties for Resisting Arrest?

Accepted Answer

In California, resisting arrest is considered a wobbler. That means it could be charged as a misdemeanor or felony. The punishments you may face will depend heavily on whether you are charged with a felony or a misdemeanor. It is most often charged as a misdemeanor which can carry penalties including:

Up to a year in county jail
A fine of up to $1,000

However, you may be charged with a felony if you allegedly took or attempted to take an officer’s firearm or weapon, or if you used a weapon while resisting the arrest. Using a weapon or threatening to use a weapon against an officer, on top of making your resisted arrest charge a felony, may also result in you being charged with battery, which carries heavy penalties as well.

Felony resisting arrest penalties may include:

Up to three years in county jail
A fine of up to $10,000

While these penalties may be harsh, with a reputable criminal defense attorney by your side, there are many viable defenses you may use to win your case.

Question 3

What Are Common Defenses for Resisting Arrest?

Accepted Answer

Unfortunately, charges of resisting arrest are often used by police to hide misconduct or justify excessive use of force or other actions. Some officers have accused people of resisting arrest as a “punishment” for disrespecting them, threatened the charge to make a situation look more dangerous, or blame a defendant for his or her injuries. That is why remembering the three required components of a lawful resisting arrest charge is so important. You must have acted intentionally, known the alleged victim was an officer or EMT, and the alleged victim must have been attempting to perform their official duties.

Thankfully, there are several viable defenses for a charge of resisting arrest, which include:

You did not act willfully: If we can prove that your interference with an arrest was accidental, the charges may be dropped. Such a defense is most often applied in cases where you are charged with interfering in the arrest of another.
You were falsely accused: Unfortunately, our justice system is still rife with bigotry and human bias, and it isn’t uncommon for people to be arrested due to spite, racism, or countless other negative emotions. In such cases, a false accusation is a valid legal defense against a charge of resisting arrest.
You were arrested without probable cause: If we can prove that the officer did not have sufficient probable cause to arrest you, anything following the arrest is inadmissible, and the charges can be dropped.

There are several viable defenses for a charge of resisting arrest, which include:

You did not act willfully: If we can prove that your interference with an arrest was accidental, the charges may be dropped. Such a defense is most often applied in cases where you are charged for interfering in the arrest of another.
You were falsely accused: Unfortunately, our justice system is still rife with bigotry and human reaction, and it isn’t uncommon for people to be arrested due to spite, racism, or countless other negative emotions. In such cases, a false accusation is a valid legal defense against a charge of resisting arrest.
You were arrested without probable cause: If we can prove that the officer did not have sufficient probable cause to arrest you, anything following the arrest is inadmissible, and the charges can be dropped.

Los Angeles Resisting Arrest Defense Attorneys

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What is Resisting Arrest in California?

What Are the Penalties for Resisting Arrest?

What Are Common Defenses for Resisting Arrest?

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