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California Penal Code Section 148(a) PC: Resisting Arrest
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California Penal Code Section 148(a) PC: Resisting Arrest
Resisting arrest can be a confusing topic, and many people don’t fully understand what this charge means or entails. This article will break down California Penal Code Section 148(a) PC, which covers the crime of resisting arrest, in a straightforward way. We’ll look at what the law says, potential penalties, and defenses that may apply. My goal is to help you understand the key issues around resisting arrest so you can make informed decisions if you ever find yourself in this situation.
What Does California Law Say About Resisting Arrest?
Section 148(a) of the California Penal Code states that every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of their office or employment, is guilty of a misdemeanor. Some key points:
- This law applies to both public officers and peace officers, such as police officers, sheriff’s deputies, and CHP officers. It also covers emergency medical technicians.
- “Willfully” means on purpose, not accidentally. You have to intend to resist, delay, or obstruct the officer.
- You can violate this law either by actively resisting an officer through force or violence, or by passively resisting, for example refusing to comply with lawful orders.
- The officer has to be engaged in his or her official duties when the resistance occurs.
Some examples of actions that could lead to a charge of resisting arrest include:
- Physically struggling with an officer who is trying to detain or arrest you
- Refusing to place your hands behind your back or pulling away when an officer tries to handcuff you
- Giving a false name or false identification documents
- Running away or hiding from an officer who has reasonable suspicion to detain you
Resisting arrest often happens in the heat of the moment, when emotions are running high. But it’s important to comply with lawful police orders, even if you believe an arrest is unfair, to avoid escalating the situation.
What Are the Penalties for Resisting Arrest in California?
Resisting arrest under Penal Code 148(a) PC is charged as a misdemeanor offense. Potential penalties include:
- Up to 1 year in county jail
- A fine of up to $1000
- Informal probation
- Community service
Sentences can sometimes be enhanced if you have prior convictions for resisting arrest. And if force or violence is used, you could face additional charges like battery on a peace officer.
What Are Some Defenses to Resisting Arrest?
There are several defenses that your attorney may use to contest resisting arrest charges:
- No “willfulness” – For example, if you reflexively pulled away when an officer grabbed your arm, but didn’t intend to resist.
- Self-defense – If an officer used excessive force and you acted reasonably to protect yourself.
- No lawful duty – If the officer detained or tried to arrest you unlawfully.
- Misidentification – If you truthfully identified yourself but the officer made a mistake.
- False evidence – If officers lie about what happened.
An experienced criminal defense lawyer can evaluate the details of your case and decide what defenses to pursue. Don’t hesitate to discuss all the circumstances leading up to your arrest.
There are other similar charges for resisting law enforcement that you may come across:
- Resisting Executive Officer – Penal Code 69 PC is a felony version of resisting arrest that involves threats, force or violence against an executive officer.
- Evading a Peace Officer – Vehicle Code 2800.1 VC involves willful fleeing in a vehicle to evade police.
- False Information to a Peace Officer – Penal Code 148.9 PC involves giving false ID or false identifying information to an officer.
An attorney can help distinguish between these offenses and identify any improper charges.
Don’t Try to Handle This Alone
Resisting arrest allegations can have serious consequences. The police report may not tell the whole story. With the help of an attorney, you may be able to get charges reduced or dismissed. Don’t jeopardize your future by trying to navigate the legal system alone. Speak to a lawyer right away if you are facing charges under Penal Code 148(a) PC.