Resisting Arrest Offense

Resisting Arrest Offense – A Lawyer’s Guide for Defendants

Getting arrested can be a scary and confusing experience. As emotions run high, some people may feel compelled to physically resist arrest or disobey officers’ orders. However, resisting arrest can lead to additional criminal charges that bring severe consequences. This article provides a practical guide for defendants facing resisting arrest charges.

What is Resisting Arrest?

Legally, resisting arrest means obstructing an officer through threat or violence while the officer performs lawful duties. This covers a wide range of actions like:

• Physically struggling when an officer tries to handcuff you
• Refusing to comply with lawful orders during detention or arrest
• Providing false identification to officers

Even passive resistance like going limp can count as resisting arrest. Simply not doing what an officer says could lead to charges.

Penalties for Resisting Arrest

Resisting arrest is usually charged as a misdemeanor in California under Penal Code 148(a)(1) PC. This can lead to:

• Up to 1 year in county jail
• Fines up to $1000

If you try taking an officer’s weapon, you could face felony charges with years in state prison. Multiple prior convictions can also lead prosecutors to file felony charges that carry harsher sentences.

What to Do If You’re Charged with Resisting Arrest

Here are some tips if you find yourself facing resisting arrest charges:

• Remain silent – Anything you say can be used against you, so don’t answer questions if you’re arrested. Invoke your right to have an attorney.
• Get legal help immediately – An experienced lawyer can start building your defense right away by interviewing witnesses, gathering evidence, and negotiating with prosecutors.
• Don’t plead guilty without a fight – Make prosecutors prove their case. A guilty plea can haunt your criminal record forever.
• Consider your options if offered a plea bargain – Prosecutors may offer a plea deal for a reduced charge. Your attorney can advise if this is your best option.
• Get character references – Upstanding community members vouching for your good character can help in negotiating pleas or sentencing.
• Seek drug and alcohol counseling – If substance abuse contributed to your actions, counseling can show the court you’re committed to rehabilitation.
• Request anger management classes – Completing anger management before your court date displays positive life changes.
• Be patient – These cases can take time to resolve. Listen to your lawyer’s advice and focus on showing the court you’re ready to move forward positively.

What Happens at a Resisting Arrest Trial?

If your case goes to trial, prosecutors must prove the elements of resisting arrest beyond a reasonable doubt:

• You willfully resisted, delayed, or obstructed an officer
• The officer was lawfully performing duties
• You knew or reasonably should have known the officer was performing duties

Your attorney will seek to create reasonable doubt on each element. They can file motions to suppress evidence or statements obtained illegally. Credibility of the arresting officer can be challenged. Your defense may also present alternate explanations of events.

In very rare cases, you might take the stand to testify on what happened. More often, the defense relies on evidence like video footage and witnesses. Your lawyer’s cross examination of the officer can poke holes in the prosecution’s version of events.

Consequences of a Resisting Arrest Conviction

If convicted, a resisting arrest misdemeanor brings:

• Up to 1 year in county jail
• Fines up to $1000
• Misdemeanor probation

While less severe than felony convictions, misdemeanors still carry life-long consequences:

• Permanent criminal record
• Difficulty finding jobs and housing
• Immigration complications
• Loss of civil rights like voting and gun ownership

Any jail time also disrupts work, education, and family responsibilities. Those convicted may still face civil lawsuits related to their arrest as well.

Alternatives to Jail Time

California law allows alternatives to jail like community service, counseling, or probation. Good defense lawyers negotiate with prosecutors to avoid jail time through programs like:

• Community service – Court-ordered volunteer work helps repay your debt to society.
• Counseling programs – Addiction, anger management, or mental health treatment may address root causes.
• Probation – Supervised release in the community with conditions like counseling, classes, community service, or electronic monitoring.

Participating in rehabilitative programs before your court date shows the judge you’re committed to positive change. Jail should be an absolute last resort for resisting arrest convictions.

Finding the Right Lawyer for Your Case

Resisting arrest charges must be taken seriously. An experienced California criminal defense lawyer can often get charges reduced or dismissed. Look for an attorney who:

• Has represented many resisting arrest cases
• Is respected by local prosecutors and judges
• Has a track record of success challenging resisting charges
• Makes you feel comfortable and well-represented

Don’t take chances with public defenders or less experienced lawyers. Your freedom and rights are on the line.

Takeaways: Guidance for Those Facing Resisting Arrest Charges

• Avoid physically resisting officers during arrest – even if you believe it’s unlawful.
• Be polite and comply with orders. But clearly invoke your right to remain silent and have an attorney.
• Do not try to run away or give false information. This almost always makes things worse.
• Hire an experienced criminal lawyer immediately. Skilled counsel is essential to protect your rights.
• With good legal representation, many resisting arrest charges can be reduced or dismissed.
• If convicted, push for alternatives to jail like counseling programs or community service.
• An arrest is not the end of the world. Take positive steps forward and learn from the experience.

Resisting arrest charges are scary but manageable with smart legal help. This guide outlines key defenses and strategies for achieving the best possible outcome. Don’t go it alone against police and prosecutors. With an experienced lawyer guiding you, justice can still prevail.