The court system uses California Penal Code Section 69: Resisting an Executive Officer to prosecute individuals accused of using force or violence to disrupt the actions of an executive officer.
The legal codes surrounding PC 69 can be complicated to understand. You can get professional help grasping the details of this charge from our team at the Simmrin Law Group. We have decades of combined experience that allows us to provide information about these charges.
We can also help you understand California’s Penal Code system.
Learn About California PC Section 69: Resisting an Executive Officer
The state of California defines resisting an executive officer as:
Attempting to Stop an Executive Officer from Carrying Out Their Lawful Duties
Generally, individuals who attempt to prevent officers from carrying out their duties are trying to stop an officer from arresting someone else. Individuals may use the threat of violence or physical actions in the attempt. They must act intentionally to face a conviction under Penal Code 69 PC.
Actively Defying an Executive Officer Who is Carrying Out a Lawful Duty
Individuals who attempt to resist may qualify as resisting or defying an officer attempting to carry out their lawful duty. To resist arrest, an individual must use force and be aware that the officer is acting within the scope of their lawful duty. Note that many different people are considered executive officers in California. The definition extends past law enforcement officers to include:
- Prosecutors and public defenders
- Commissioners
- Judges
Individuals are not legally permitted to resist these individuals if they carry out a lawful duty. A violation of Penal Code 69 PC can lead to serious legal consequences; therefore, you should always take this charge seriously. Call an experienced California criminal defense lawyer today to discuss your case and build a defense to the charges.
The longer you ignore the charges, the more difficult a situation you put yourself in as the court date approaches.
Charges Similar to Resisting an Executive Officer
Several criminal charges resemble Penal Code 69 PC. Individuals can face charges for the following:
- California Penal Code Section 148: Resisting Arrest
- California Penal Code Section 241: Assault on a Police Officer
- California Penal Code Section 243(b): Battery on a Peace Officer
- California Vehicle Code Section 2800.1: Evading an Officer
- California Vehicle Code Section 2800.2: Felony Reckless Evading
Generally, resisting arrest is considered less severe than resisting an executive officer. Battery on a peace officer, however, can lead to more severe charges than simply resisting arrest. A defense attorney can help you with any of these charges.
It’s crucial that you get professional help right away if you’ve been arrested for these crimes. Talking to an attorney quickly can boost your chances of successfully handling a criminal accusation.
Examples of Individuals Resisting an Executive Officer
Ensure you understand PC 69 charges by going over these examples:
- A police officer spots a woman who appears to be disturbing the peace. The officer goes to arrest her. Her boyfriend does not want the police to arrest her and attempts to stop the police officer by threatening to use physical force. He could face charges for resisting an executive officer for his actions.
- The police pull a man over for driving recklessly. The officer asks him to step out of his vehicle, and he decides that he does not want the police to arrest him. The man attempts to knock the police officer down to get back into his vehicle and drive away. He uses physical force and could face charges of resisting an executive officer.
The Penalties for Violating California Penal Code 69 PC
Individuals in California can face misdemeanor or felony charges for resisting an executive officer. Prosecutors will determine how to charge a PC 69 violation by assessing the following:
- The specifics of the violation
- The amount of force used to resist
- The accused’s criminal history
The penalties for a conviction can include the following:
- Misdemeanor charges: A misdemeanor conviction can result in fines of up to $10,000 and up to one year in county jail.
- Felony charges: A felony conviction could leave an individual facing up to three years in a California state prison and fines of up to $10,000. Individuals may also end up on formal probation.
A Los Angeles criminal defense attorney can assist individuals facing either misdemeanor or felony PC 69 charges.
PC 69 Charges and Criminal Defenses
Beating a California Penal Code Section 69: Resisting an Executive Officer charge can be incredibly difficult, as it often places the accused’s word against a police officer’s. However, lawyers can use some legal defenses if the police charge you with resisting an executive officer.
A criminal defense lawyer could help if you were resisting an executive officer who was not acting lawfully. Executive officers who engage in police misconduct during an arrest are no longer carrying out lawful duties, and you have the right to self-defense in this circumstance.
A criminal lawyer knows what evidence to look for in these cases that could help get the charges dropped or reduced. Additionally, police are required to investigate any complaints, as outlined in California Penal Code § 832.5. Do not let an unlawfully acting law enforcement officer send you to jail for something you did not do. Call Simmrin Law Group today.
Get Help Handling a PC 69 Violation Now
Taking on a charge under California Penal Code Section 69: Resisting an Executive Officer on your own can be very challenging. Improve your odds of protecting your freedom by reaching out to the dedicated team at Simmrin Law Group. You can call us or fill out our online contact form.
Get immediate answers about your legal situation with a free case evaluation. Talk to a criminal defense attorney from Simmrin Law Group today about your situation. Charges of resisting an executive officer are serious, so you should turn to a lawyer for help right away.