Resisting an Executive Officer – California Penal Code 69

Resisting an executive officer is a serious criminal offense under California Penal Code 69.

This statute makes it illegal to use force, violence, or threats to prevent or resist an executive officer while they are performing their lawful duties. 

While the charge is often compared to resisting arrest under Penal Code 148(a), PC 69 is significantly more serious and carries harsher penalties.

If you are accused of violating Penal Code 69 in California, you may be facing jail or prison time, steep fines, and long-term consequences that can affect your freedom, firearm rights, and employment.

What Is an “Executive Officer” Under Penal Code 69?

An executive officer is a public employee who has discretionary authority to carry out official duties on behalf of the government. This includes, but is not limited to:

• Police officers

• Sheriff's deputies

• District attorneys

• Public defenders

• Judges

• Elected officials and other government officers

A lawful duty is any responsibility the officer is legally authorized to perform within their role.

Examples of Resisting an Executive Officer

Penal Code 69 covers a broad range of conduct. Common examples include:

• Threatening a district attorney with violence to stop them from filing criminal charges

• Physically interfering with a police officer attempting to arrest someone

• Using force or violence to stop an officer from carrying out an official act

For example, if someone grabs a police officer and pulls them away while the officer is trying to handcuff an intoxicated suspect, that conduct may qualify as resisting an executive officer under PC 69.

Importantly, recording or photographing an officer performing their duties is generally not a violation of Penal Code 69, so long as no force, violence, or threats are used.

Legal Definition of Penal Code 69

California Penal Code 69 defines the offense as:

Any person who attempts, by using any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, an executive officer in the performance of their duty.

This statute criminalizes two distinct types of conduct:

1. Preventing or deterring an executive officer from performing duties

2. Resisting an executive officer while they are performing duties

Each theory has different legal elements that prosecutors must prove beyond a reasonable doubt.

Elements of the Crime Under PC 69

Preventing an Executive Officer (CALCRIM 2651)

The prosecution must prove that you:

• Willfully and unlawfully used violence or threats

• Intended to prevent or deter an executive officer

• Targeted an officer performing a lawful duty

Resisting an Executive Officer (CALCRIM 2652)

The prosecution must prove that:

• You unlawfully used force or violence

• The executive officer was performing a lawful duty

• You knew the officer was performing that duty

If the officer acted unlawfully, a PC 69 conviction may not be supported by law.

Penalties for Resisting an Executive Officer (PC 69)

Penal Code 69 is a California wobbler, meaning prosecutors may file it as either a misdemeanor or a felony depending on the facts, level of force, and your criminal history.

Misdemeanor Penalties

• Up to 1 year in county jail

• Fine of up to $10,000

• Summary (informal) probation

Felony Penalties

• Up to 3 years in county jail

• Fine of up to $10,000

• Formal probation

Additional consequences may include:

• Restitution to the officer or victim

• Loss of firearm rights if convicted of a felony

Related California Criminal Offenses

Charges under Penal Code 69 are often filed alongside or instead of other offenses, including:

• Penal Code 148(a) – Resisting arrest

• Penal Code 240 – Assault

• Penal Code 241(c) – Assault on a police officer

• Penal Code 242 – Battery

• Penal Code 243(b) – Battery on a police officer

• Penal Code 243(d) – Aggravated battery

• Penal Code 422 – Criminal threats

• Vehicle Code 2800.1 – Evading police

• Vehicle Code 2800.2 – Felony reckless evading

California Penal Code 4600 PC establishes that it is a criminal offense for inmates or detainees to damage or destroy jail or prison property while in custody.

Defenses to Penal Code 69 Charges

Every case is fact-specific, but experienced criminal defense attorneys often rely on the following defenses:

Self-Defense

If the officer used excessive or unreasonable force, you may have acted lawfully in self-defense. Under California law, an officer who uses excessive force may no longer be acting within the scope of their lawful duties.

Officer Was Acting Unlawfully

A key element of PC 69 is that the officer must have been performing a lawful duty. If the arrest, detention, or use of force was illegal, this element may fail.

Lack of Force or Violence

Penal Code 69 requires force, violence, or threats. Verbal اعتراضs alone or passive resistance typically do not meet this standard.

Arrested for Resisting an Executive Officer in Los Angeles?

A Penal Code 69 charge is serious and can escalate quickly into a felony with life-changing consequences. Early legal intervention can make a critical difference, including negotiating reduced charges, diversion, or even preventing formal charges from being filed.

If you have been accused of resisting an executive officer, contact Cron, Israels & Stark, a criminal defense law firm serving clients throughout Los Angeles and Southern California, for a confidential case evaluation.