
California can harshly penalize individuals accused under California Penal Code Section 148(a): Resisting Arrest. This charge can apply to many actions involving police officers or emergency medical technicians (EMTs).
If you need to understand your particular situation or are facing a resisting arrest charge, you may want to get professional help right away. A Los Angeles criminal defense lawyer from the Simmrin Law Group will work to protect your rights and reduce or eliminate your charges.
Call us today to schedule an appointment to learn more about PC 148(a) charges.
Resisting Arrest in California: the Legal Definition
According to PC §148(a), it is illegal to obstruct, delay, or resist law enforcement personnel when they’re performing lawful duties.
Individuals can face charges for resisting arrest if they impede law enforcement officers or EMTs from carrying out a lawful duty. The court system uses a broad definition to cover legal responsibilities. For example, a peace officer is carrying out a lawful duty when they:
- Question a witness
- Move around a crime scene
- Make an arrest
EMTs may carry out their lawful duty by helping an injured individual. Anyone who intentionally interferes with these activities can face charges for resisting arrest.
What Are the Elements of a Resisting Arrest Charge?
If you or someone you know are facing charges under California Penal Code Section 148(a): Resisting Arrest, the prosecutor must be able to provide proof that the accused:
- Wilfully resisted, interfered, obstructed, or delayed a peace officer or an EMT
- Interfered or obstructed a public officer or EMT who was actively performing their duty
- Knew or should have known that the peace officer or EMT was actively performing their duty
These rules mean, for instance, that if you were drunk or under the influence of any drug and couldn’t move, you may avoid a conviction for resisting arrest.
Individuals should only face a conviction for resisting arrest if they act willfully. A criminal defense attorney may argue that you never intended to impair a peace officer going about their duties.
What Acts Are Considered Resisting Arrest Under California Law?
The prosecution can charge someone with resisting arrest even if the individual did not attempt to avoid incarceration. Other actions that could result in a California Penal Code Section 148(a): Resisting Arrest charge include:
- Compromising or interfering with an active-duty officer’s travel
- Blocking authorities from interviewing a witness or investigating a crime scene
- Interfering in any way with peace officers monitoring a suspect
Also, it is crucial to notice that mall cops and college campus security are not “public officers” and that interfering has to be willful and intentional.
When facing a charge of resisting arrest, you need an experienced criminal defense lawyer in California by your side. Call the Simmrin Law Group today to schedule an appointment.
What Is the Penalty in California for Resisting Arrest?
The court system in California treats resisting arrest as a misdemeanor offense. A conviction under California Penal Code Section 148(a): Resisting Arrest can result in one year of time in county jail and fines of up to $1,000.
Can You Get Probation Instead of Jail Time?
Our team can push to bring you summary probation (also called misdemeanor probation) if you face criminal charges for resisting arrest in some cases. The judge may agree to this lighter penalty after we make your case.
We can explain the difference between probation and parole if you have questions about these legal issues.
The D.A.’s Office May Not Prosecute Resisting Arrest Charges
Sometimes, the D.A.’s office declines to prosecute charges for resisting arrest. However, they may decide to move forward with these charges if:
- You have a prior charge in the last two years
- The public officer accused you of using physical force
- You face additional charges for the same event
You can reach out to a lawyer for professional assistance dealing with this criminal charge.
The Police May Accuse an Individual of Battery
Sometimes, police officers accuse individuals of resorting to battery as part of resisting arrest. The court prosecutes battery against police officers and other peace officers more harshly than other acts of battery. It can lead to imprisonment and up to $10,000 in fines.
Individuals may also face a ban on firearm ownership and may have to attend anger management courses as part of their punishment. Aggravating factors can lead to additional charges or increase the severity of the penalties for resisting arrest.
Are There Offenses Related to Resisting Arrest?
While resisting arrest is a less severe charge, it is worth remembering that it usually comes together with others that can harden a jury’s sentence. Depending on the situation, individuals could also face charges under the following:
- California Vehicle Code Section 2800.2: Reckless Evading of a Peace Officer
- California Penal Code Section 148.9: False Identification to Police
- California Penal Code Section 243(b) & 243(c)(2): Battery on a Peace or Police Officer
It is important to remember that many of those offenses can have severe consequences under California law alone and that adding a charge of resisting arrest can only worsen them. However, an experienced lawyer can help you gather evidence that proves a lack of intent or awareness.
If you are not entirely sure about the particulars of your case, you may want to ask an attorney about your options. Our team can evaluate your case and provide an honest assessment so you know what to expect if it reaches trial. Call us today to schedule an appointment with a California criminal lawyer.
What Defenses Can Handle Charges for Resisting Arrest?
Legal defenses can help individuals beat charges for resisting arrest in California. Individuals facing California Penal Code Section 148(a): Resisting Arrest charges should contact an experienced criminal defense lawyer for help going over their legal options immediately.
Depending on the specifics of the case, a lawyer may argue:
You Were Acting in Self-Defense
Individuals in California are allowed to protect themselves and others from unlawful harm. For example, if a police officer was utilizing excessive force, you may be able to claim that you were acting in self-defense when you resisted arrest.
Someone Falsely Accused You of Resisting Arrest
Sometimes, people face false accusations of resisting arrest simply because a police officer does not like their attitude. A lawyer may be able to dig into the officer’s past behavior to see if this is a recurring issue with the law enforcement officer.
Your Perceived Resistance Was Unintentional
Many actions may be seen as intentional resistance when they were involuntary, accidental, or otherwise not done with the intent of obstructing or interfering. In these circumstances, your attorney can gather and present evidence regarding your intent.
What Are Examples of Resisting Arrest?
Individuals can face charges for resisting arrest in California for many reasons. The following examples show some actions that violate California Penal Code Section 148(a): Resisting Arrest:
- The police pull Person A over for driving erratically. When asked to get out of the vehicle, they attack the officer.
- Person B has a heart attack, and when the EMTs arrive, Person C (who also lives in the house) tries to block them from assisting Person B. Person C could face charges under PC 148(a).
- The police officers believed that Person D was selling a controlled substance and arrested them while using an excessive amount of force. Person D fights back. This person may be able to avoid charges for resisting arrest.
However, causing interference with an officer’s or EMT’s lawful duties is not always resisting arrest.
Accidentally getting in their way, being uncoordinated or unable to follow directions while impaired, or otherwise unintentionally resisting arrest do not meet the criteria for being charged under this penal code section and may not result in time in county jail.
Can You Resist an Unlawful Arrest?
While resisting arrest is considered a misdemeanor, it is not illegal to resist an unlawful action by a police officer who uses excessive force or violence. In addition, you can get resisting arrest charges dropped if you prove you acted in self-defense.
Charging someone with resisting arrest is one of the most common intimidation tactics. It is widely used by questionable police officers when caught doing something wrong or feeling “disrespected.”
Resisting Arrest and Police Brutality
In recent American history, there have been many cases where “resisting arrest” was misused by police officers. In many of those cases, officers claimed “resisting arrest” when the person was only asking the reasons or defending themselves from what seemed unlawful detention.
Sadly, “resisting arrest” is widely misused, mainly by questionable police officers who want to cover up their misconduct, excessive use of force, or racial profiling.
However, gathering sufficient evidence to maintain this defense can prove extremely difficult. An experienced attorney can help gather evidence, advocate for you throughout the legal proceedings, and defend your rights in Southern California.
How Can a Lawyer Help You Resolve Resisting Arrest Charges?
Police officers may accuse you of a criminal offense for resisting arrest without any due cause. Our team can review your situation and discuss all common defenses to establish reasonable doubt. Depending on your situation, your attorney may focus on:
Getting a Resisting Arrest Charge Dismissed
A lawyer may seek to have California Penal Code Section 148(a): Resisting Arrest charges dismissed if they can show that the prosecution has insufficient evidence or if a law enforcement agency violated your rights. We provide comprehensive legal services to help with this strategy.
Getting Your Charge Reduced
In some cases, your lawyer may take steps to reduce your charges through a plea bargain. For example, a lawyer may focus on getting the prosecution to agree to reduce your charges to disturbing the peace or trespassing.
We recommend that you get legal representation before taking a plea bargain offered by the prosecution. These deals sometimes work against your best interest. They require you to plead guilty and agree to some legal penalties.
The prosecution may consider your criminal history and the facts of your claim before offering a plea bargain.
Fighting for You in Court
A criminal defense lawyer can help you face charges about an alleged offense involving resisting arrest. Your lawyer can present your defense and question witnesses, sticking with you until the resolution of your charges.
Can You Expunge a Resisting Arrest Charge?
You may have legal options available after a conviction for resisting arrest in California. In this situation, a lawyer may help you request an expungement to remove the charge from your criminal record as part of the firm’s legal services.
Your attorney will review your situation and determine if you qualify for an expungement. Getting a charge off your record can make securing employment or applying for an apartment easier because the charge won’t show up for potential employers or landlords.
We’ll explain how to expunge a criminal record in Los Angeles and determine if you are eligible to file an expungement.
Learn More About PC 148(a) Charges
There are some challenges in life people have to face alone. Fortunately, you can get help standing up to a charge under California Penal Code Section 148(a): Resisting Arrest. The Simmrin Law Group has experience defending clients in the Los Angeles area.
You can contact us for help with your case by calling or completing our online contact form. You can get advice about your situation with a FREE consultation. Start learning more about your rights, the right defense strategy based on the circumstances of the case, and how to proceed.
The sooner you speak with an attorney, the sooner you have an advocate in your corner. Call us today to schedule an appointment for a case review.