California Penal Code Section 69 PC: Resisting An Executive Officer

California Penal Code Section 69 PC: Resisting An Executive Officer

California Penal Code Section 69 PC is a law that makes it illegal to resist, delay, or obstruct an executive officer in the performance of their duties. This law applies to resisting police officers, firefighters, lifeguards, security guards, and other government officials who are considered “executive officers.”

Resisting an executive officer is a serious offense that can be charged as either a misdemeanor or felony, depending on the circumstances. Let’s take a closer look at this law, penalties, and legal defenses.

What Does California Penal Code Section 69 PC Prohibit?

There are two main ways someone can violate Penal Code 69 PC[1]:

1. Attempting by threats or violence to deter or prevent an executive officer from performing their lawful duty
2. Knowingly resisting an executive officer in the performance of their duty by force or violence

Some examples of illegally resisting an officer include[2]:

• Physically struggling with or attacking an officer attempting to detain or arrest you
• Refusing to comply with an officer’s lawful orders
• Barricading yourself in a building to avoid arrest
• Gathering others to physically prevent an officer from carrying out their duties

The law states that you must knowingly resist the officer. This means you must be aware that the person is an executive officer carrying out their lawful duties[3].

Difference Between Resisting Arrest and Resisting an Officer

Resisting arrest under California Penal Code 148(a) is a lesser misdemeanor offense. The main difference between 148 PC and 69 PC is: [3]

• 148 PC applies to resisting any public officer, while 69 PC only applies to executive officers
• 69 PC involves resisting an officer by threats or violence, while 148 PC covers non-violent resistance
• 69 PC can be a felony while 148 PC is always a misdemeanor

What Are the Penalties?

Resisting an executive officer is a California wobbler offense. This means it can be charged as either a misdemeanor or felony, at the prosecutor’s discretion. Potential penalties include:

• Misdemeanor: Up to 1 year in county jail, a fine up to $1000, or both[4]
• Felony: 16 months, 2 years or 3 years in state prison[4]

Factors that can influence whether 69 PC is charged as a misdemeanor vs. felony include[2]:

• Your criminal history
• Whether injuries were inflicted during the incident
• Whether you resisted multiple officers
• Whether you used or brandished a weapon

Legal Defenses

Possible defenses against California Penal Code 69 charges include:

• You did not use violence or threats against the officer
• You did not know the person was an executive officer
• You were unlawfully arrested and were within your rights to resist
• You were falsely accused or mistaken identity

An experienced California criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies. For example, they may argue you lacked the required mental state, or the officer was using excessive force[5].

Related Offenses

Other laws related to resisting an executive officer include:

• California Penal Code 71 PC – Threatening public officers or employees
• California Penal Code 243(b) PC – Battery against a peace officer engaged in duties
• California Penal Code 245(c) PC – Assault with a deadly weapon against an officer

Resisting arrest charges are also commonly brought alongside 69 PC allegations.

Hiring an Attorney

Resisting arrest charges should not be taken lightly. The penalties can be severe, and a conviction can damage your criminal record. An experienced criminal defense lawyer can often get charges reduced or dismissed. For example, they may be able to argue you were unlawfully arrested or acted in self-defense.

Don’t hesitate to contact a lawyer for help fighting your charges. The best defense starts early in the case, before charges are filed.

References

1. [1] California Penal Code Section 69 PC.
2. [2] Resisting an Executive Officer | California Penal Code 69 PC.
3. [3] California Penal Code Section 69 PC: Resisting An Executive Officer
4. [4] Penal Code § 69 PC – Resisting an Executive Officer – California Law
5. [5] Penal Code 69 – Obstructing or restricting executive officers in performance of their duties