Penal Code § 148 PC – “Resisting Arrest” Laws in California

Penal Code § 148 PC – “Resisting Arrest” Laws in California

California’s Penal Code § 148 PC makes it a crime to willfully resist, delay, or obstruct a law enforcement officer or emergency medical technician in the performance of their lawful duties. This offense is more commonly referred to as “resisting arrest.”Resisting arrest can take many forms, such as physically struggling with an officer, running away, or giving false information during an investigation. While resisting arrest seems relatively minor, it is still a misdemeanor in California and carries penalties of up to 1 year in county jail.This article will cover the key aspects of California’s resisting arrest law, including:

What Constitutes Resisting Arrest in California

To be guilty of resisting arrest in California, the prosecution must prove the following elements:

• A law enforcement officer or emergency medical technician was lawfully performing their duties;
• The defendant willfully resisted, delayed, or obstructed the officer/EMT; and
• When the defendant acted, they knew or reasonably should have known the other person was a law enforcement officer or EMT.

“Lawful duties” refer to any action lawfully performed by an officer or EMT during the course of their job. This is broadly interpreted and includes:

• Making an arrest
• Serving process
• Directing traffic
• Conducting an investigation
• Responding to an emergency call

“Willfully” means the defendant intended to resist, delay, or obstruct the officer or EMT. It does not require an intent to break the law. Even if the defendant mistakenly believed the officer was acting unlawfully, they can still be guilty of resisting arrest if they intended to obstruct the officer.Examples of resisting arrest:

• Physically struggling when an officer tries to handcuff you
• Refusing to get out of your car when ordered during a traffic stop
• Stiffening your arms or holding onto a fixed object to prevent being moved
• Running away from an officer trying to detain or arrest you
• Providing a false name or other false information during an investigation or arrest

Simply criticizing or questioning an officer, without any willful resistance, does not constitute resisting arrest.

Legal Defenses to Resisting Arrest Charges

Some of the most common legal defenses to resisting arrest charges include:

• You did not act “willfully” – If your actions were accidental or there was no intent to obstruct the officer, you are not guilty. For example, flailing while having a seizure is not willful resistance.
• The officer was not lawfully performing duties – If the officer was acting unlawfully to begin with, you cannot be guilty of resisting their unlawful actions. For example, if the officer had no valid reason to detain or arrest you.
• Self-defense – You can lawfully use reasonable force to defend yourself against an officer’s use of excessive force. However, you still may not use force to resist an unlawful arrest if the officer does not first use excessive force.
• Mistake of fact – If you were reasonably mistaken about the facts, you did not have the required criminal intent. For example, not realizing the plainclothes officer was law enforcement.
• False accusations – The allegations against you are fabricated or mistaken.

Penalties for Resisting Arrest in California

Resisting arrest is a misdemeanor offense in California, punishable by:

• Up to 1 year in county jail
• A fine of up to $1,000

In practice, first-time offenders usually only receive probation or minimal jail time for resisting arrest charges. But penalties increase for repeat offenses or resisting arrest together with other crimes.Resisting arrest also commonly leads to additional charges for any crimes discovered during the arrest.

Related Offenses

• Resisting an executive officer – Penal Code 69 PC is a felony version of resisting arrest that applies to obstructing certain executive officers.
• Battery on a peace officer – Penal Code 243(b) PC involves actually striking or injuring an officer, with increased penalties.
• Assault on a peace officer – Penal Code 240 PC covers attempting to strike an officer.

Conclusion

Resisting arrest involves willfully obstructing an officer or EMT who is lawfully performing their duties. While resisting seems minor, it is still a misdemeanor in California.Having an experienced criminal defense attorney can be key to getting charges reduced or dismissed and avoiding jail time. An attorney can evaluate if you have any valid defenses based on the specific facts of your case.

Noteworthy Articles:

Overview of California “Resisting Arrest” Laws (Penal Code 148 PC) – Shouse Law GroupResisting Arrest Laws in California | Penal Code 148(a) PC – Eisner Gorin LLPCalifornia Penal Code Section 148(a) PC: Resisting Arrest – Los Angeles Criminal Lawyer

Relevant California Laws:

Penal Code Section 148 PC – Resisting ArrestPenal Code Section 69 PC – Resisting an Executive OfficerPenal Code Section 243(b) PC – Battery on a Peace OfficerPenal Code Section 240 PC – Assault on a Peace Officer

Federal Resources:

Resisting Arrest | USAO-WDWA | Department of JusticeObstruction of Justice | FBI

Penal Code § 148 PC – “Resisting Arrest” Laws in California

Getting charged with resisting arrest under California Penal Code 148 PC carries serious consequences. Even if other charges are dropped, a conviction for resisting alone can result in fines up to $10,000 and jail time up to one year. But many actions that police construe as resistance do not actually violate P.C. 148. Here we discuss what constitutes resisting arrest in California, available defenses, and how knowledgeable criminal attorneys defend clients.

Actions that Constitute Resisting Arrest

Under California law, anything that “resists, delays, or obstructs” a police officer performing lawful duties can qualify as resisting arrest. This broad definition includes actions like:

• Physically struggling against an arrest
• Running away to evade detention
• Not following orders to “stop resisting”
• Refusing to exit a vehicle when ordered
• Pulling away from an officer’s grasp
• Hiding to avoid arrest

Even passive resistance like “going limp” during arrest may suffice for P.C. 148 charges.

Possible Defenses Against Resisting Arrest

Viable legal defenses against Penal Code 148 allegations include:

• You were wrongfully detained without probable cause
• Officers used excessive force, causing you to reflexively resist
• You did not willfully obstruct, delay, or resist
• You had no knowledge you were being arrested
• Your actions resulted from unlawful arrest procedures

An experiences criminal defense lawyer can assess whether these or other defenses apply in your case.

Penalties for Resisting Arrest Convictions

Potential penalties if convicted of violating P.C. 148 include:

• Misdemeanor charges, in most cases
• Up to 1 year in county jail
• Fines up to $10,000
• Informal probation up to 3 years
• A permanent criminal record

Sentencing may escalate if force was used against officers, though charges often remain misdemeanors.

Fighting Back Against Excessive Police Force

Sadly, officers sometimes use excessive force during arrests of entirely compliant subjects. Reflexively resisting in self-defense is not criminal. Skilled lawyers establish facts like:

• Officers struck you first without cause
• They put you in an illegal chokehold
• They tasered you though not resisting
• Your resistance aimed to prevent harm

Documenting injuries helps prove who actually employed force unlawfully.

Handling Interactions with Police

To avoid resisting arrest charges:

• Remain calm – Never get confrontational
• Follow orders – Sort out disputes later
• Speak respectively – No insults, yelling, threats
• Don’t touch officers – Keep hands visible
• Announce movements – Avoid sudden actions
• Stay still – No resistance or pulling away

Professional interactions lessen chances of attracting false charges.

Next Steps if Charged with Resisting Arrest

If accused of violating PC 148:

1. Decline discussing the incident with police
2. Politely invoke your 5th Amendment rights
3. Seek medical care and photograph any injuries
4. Contact qualified criminal defense counsel immediately

With an attorney defending your liberties, the repercussions from false allegations can be avoided or minimized.

Useful California Laws and Resources

• Full Text of Penal Code 148 PC
• Overview of Resisting Arrest Laws in California
• Los Angeles Criminal Defense Attorneys

Don’t let false Penal Code 148 charges derail your life and liberties. An advocate familiar with California law can prevent injustice and protect your record.