Criminal Defense Lawyers

What Is The Difference Between Resisting An Executive Officer And Resisting Arrest

The Key Differences Between Resisting an Executive Officer and Resisting Arrest

Resisting an executive officer and resisting arrest are two related but distinct criminal offenses in California. , while they share some similarities, there are crucial differences that determine the severity of the charges and potential penalties.

Resisting an Executive Officer (Penal Code 69 PC)

Resisting an executive officer, as defined by California Penal Code 69 PC, involves either:

1. Attempting to deter or prevent an executive officer from performing their lawful duties through violence or threats of violence. 123
2. Knowingly resisting an executive officer in the performance of their duties by using force or violence. 123

An “executive officer” can include police officers, judges, prosecutors, and other government officials with discretionary powers. 13 The key elements are the use of force, violence, or threats against the officer while they are lawfully carrying out their duties. 123Resisting an executive officer is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances. 34 If charged as a felony, it carries a potential sentence of up to three years in state prison and a $10,000 fine. 34 As a misdemeanor, the maximum penalty is one year in county jail and a $10,000 fine. 34

Resisting Arrest (Penal Code 148(a)(1) PC)

On the other hand, resisting arrest under California Penal Code 148(a)(1) PC is a separate offense. , it involves willfully resisting, delaying, or obstructing a peace officer in the discharge of their duties. 24 Unlike resisting an executive officer, resisting arrest does not necessarily require the use of force or violence – it can include non-violent actions that impede the officer’s ability to carry out an arrest or other lawful duties. 24Resisting arrest is always a misdemeanor offense in California, punishable by up to one year in county jail and a maximum fine of $1,000. 24 While less severe than the felony version of resisting an executive officer, it is still a serious charge that can have significant consequences.

Key Distinctions

The primary distinction between these two offenses lies in the degree of force or violence involved and the specific duties the officer was performing. 24 Resisting an executive officer requires the use of force, violence, or threats against an officer carrying out any lawful duty, not just an arrest. 123 Resisting arrest, on the other hand, covers a broader range of non-violent actions that obstruct or delay an officer during an arrest or other official duties. 24Additionally, resisting an executive officer can be charged as a felony, while resisting arrest is always a misdemeanor. 234 This distinction reflects the perceived severity of the offenses and the potential risks to the officers involved.It’s important to note that these charges can often overlap or be accompanied by other related offenses, such as battery on a peace officer or evading arrest. 4 The specific circumstances of the incident and the actions taken by both the individual and the officer will determine the appropriate charges.

Defending Against Charges

In both cases, there are potential defenses that an experienced criminal defense attorney can explore. , these may include:

• Lack of intent: The prosecution must prove that the individual intentionally resisted or attempted to prevent the officer from performing their duties. 13
• Unlawful conduct by the officer: If the officer was acting outside the scope of their lawful duties or using excessive force, the individual may have a valid claim of self-defense or justification for their actions. 34
• False accusations: If there is evidence to disprove the officer’s claims or show that the individual was falsely accused, this can be used as a defense. 3

Regardless of the specific charge, it is crucial to seek legal representation from a skilled criminal defense attorney who can thoroughly investigate the case, protect your rights, and present the strongest possible defense.