What Constitutes Resisting Arrest in California Federal Cases?

Resisting arrest laws in California are actually pretty broad–you can be charged with resisting arrest for a lot of things that might surprise you. Even just verbally arguing with a cop or not following their orders exactly can sometimes lead to resisting arrest charges. It’s important to understand exactly what is and isn’t allowed so you don’t accidentally get yourself in trouble.

The main law about resisting arrest in California is Penal Code 148 PC. This law makes it a misdemeanor to “willfully resist, delay, or obstruct” a police officer or emergency responder who is doing their job. That covers a pretty wide range of behavior–anything that interferes with an officer trying to do their job could potentially be considered resisting arrest[1].

Some examples of things that could be considered resisting arrest under California law include[2]:

Physically struggling or fighting back against an officer trying to detain or arrest you
Running away or trying to escape when an officer is trying to lawfully detain or arrest you
Hiding from an officer who is trying to lawfully detain or arrest you
Refusing to follow lawful orders from an officer, like refusing to show your hands or get on the ground
Locking or holding onto something to prevent being taken into custody
Verbally arguing with an officer or criticizing their actions

As you can see, even just arguing with a cop or not following their orders can sometimes lead to resisting arrest charges in California. That seems kind of unfair, but it’s important to know.

The penalties for resisting arrest in California are up to 1 year in county jail and/or a fine of up to $1000[1]. But a lot of times for first offenses they just give probation instead of jail time.

There are some important limits on the resisting arrest law in California though. First, the officer needs to be doing something lawful in order for you to get in trouble for resisting. If the officer is using excessive force or unlawfully arresting you, you have a right to self-defense and can legally resist an unlawful arrest[3].

Second, even if the arrest itself is lawful, the officer still has to be following California and federal laws about how they can detain and arrest people. If they are violating your rights in how they go about the arrest, you may not be guilty of resisting arrest even if you disobey their orders[4].

Some examples of police misconduct or illegal behavior that could make a resisting arrest charge invalid include[4]:

Not immediately telling you why you are being arrested
Stopping you without reasonable suspicion or probable cause
Using excessive force like punching or tasering you without need
Denying you medical care when needed
Violating your Miranda rights and questioning you unlawfully

As long as the officer is following proper procedures, though, you are required to obey their orders and cooperate with the arrest, even if you believe the arrest is unfair or baseless. You can always challenge the validity of the arrest itself in court later, but resisting in the moment will just lead to criminal charges.

When federal charges are involved, things get even more complicated. Federal law also prohibits resisting arrest or interfering with federal officers doing their jobs[5]. This can apply any time a federal officer is making an arrest, even if it’s for violating state laws.

So if an FBI agent, postal inspector, or other federal officer tries to arrest you, resisting them could lead to federal charges. These are very serious, and can include years in federal prison in addition to massive fines.

The specifics of what constitutes resisting arrest under federal law are similar to California law. Physical resistance or interference is definitely illegal. Verbal hostility alone may not be enough for a federal charge, but it depends on the circumstances[6].

Federal charges are much less common than state charges for resisting arrest. But if you are arrested by a federal agent, it’s essential to cooperate fully and sort out any disputes later in court. Getting a federal resisting arrest conviction can completely ruin your life.

The bottom line is that resisting arrest in California is risky business. If cops are detaining or arresting you unfairly, document everything and comply in the moment, then fight the charges later. Physical or verbal resistance will only make things worse for you. Know your rights, but also know the law so you don’t accidentally commit another crime!