Resisting Arrest Law in California
Penal Code 148(a) PC – Interfering With an Officer
California Penal Code 148(a) PC makes it a crime to willfully resist, delay, or obstruct a peace officer or emergency medical technician while they are performing their lawful duties.
Resisting arrest is typically charged as a misdemeanor. However, related offenses involving force or attempts to take an officer's weapon can result in more serious charges.
If you are facing allegations under Penal Code 148(a), understanding the elements of the offense and available defenses is critical.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
Schedule your consultation using the contact form or call us at (424) 372-3112.
What Is Resisting Arrest Under Penal Code 148(a)?
Under California Penal Code 148(a), a prosecutor must prove beyond a reasonable doubt that:
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You willfully resisted, delayed, or obstructed a peace officer
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The officer was lawfully performing their duties
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You knew or reasonably should have known the person was a peace officer
This charge does not require physical force. Even non-violent interference may qualify if it obstructs an officer's lawful duties.
What Conduct Can Lead to a PC 148(a) Charge?
Examples may include:
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Pulling away during an arrest
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Refusing lawful commands
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Running from police during detention
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Physically interfering with an officer
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Blocking emergency responders
The key issue is whether the officer was performing lawful duties at the time.
Related Resisting and Obstruction Offenses
Other California laws commonly charged alongside PC 148(a) include:
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California Penal Code 148.9 – False identification to a peace officer
If someone attempts to take an officer's firearm, prosecutors may file felony charges under related subsections of Penal Code 148.
California Penal Code 417.4 is a serious felony offense that makes it illegal to draw or display a firearm in a threatening manner in the presence of a peace officer with the intent to resist or prevent arrest or detention.
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.
What Are the Penalties for Resisting Arrest?
Resisting arrest under PC 148(a) is generally a misdemeanor.
Penalties may include:
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Up to 1 year in county jail
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Fine up to $1,000
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Informal probation
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Community service
If charged as a felony for weapon-related conduct, penalties increase significantly.
A conviction may also result in:
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Permanent criminal record
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Employment consequences
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Loss of professional licenses
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Immigration consequences for non-citizens
Can You Resist an Unlawful Arrest?
Yes, under limited circumstances.
If an officer was not lawfully performing their duties, you may have a defense.
For example:
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The arrest lacked probable cause
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The officer used excessive force
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The detention was unlawful
If the officer was acting unlawfully, the prosecution may not be able to prove an essential element of the crime.
Legal Defenses to Penal Code 148(a)
An experienced criminal defense attorney may raise several defenses.
Unlawful Arrest
Officers must follow constitutional procedures. If the arrest was unlawful, resistance may not constitute a crime.
Self-Defense
You may use reasonable force to defend yourself against excessive or unlawful force by an officer.
False Allegations
In some cases, officers accuse individuals of resisting arrest to justify the use of force or because the individual was uncooperative.
Lack of Intent
The prosecution must prove you willfully resisted. Accidental movement or confusion does not qualify.
Officer Not Performing Lawful Duties
If the officer exceeded legal authority, this element may not be satisfied.
Frequently Asked Questions
Is resisting arrest a felony in California?
Under PC 148(a), it is typically a misdemeanor. However, related offenses involving force against an executive officer or the grabbing of a weapon may be felonies.
Do you have to use force to be charged?
No. Even delaying or obstructing an officer without physical force may qualify.
What if the officer used excessive force?
You may have a valid self-defense argument if excessive force was used.
Can this charge be dismissed?
Yes. If the officer was not acting lawfully or if the prosecution lacks sufficient evidence, charges may be reduced or dismissed.
Will a conviction stay on my record?
Yes, unless later expunged under California law.
Los Angeles Resisting Arrest Defense Attorneys
Being charged with resisting arrest can have serious consequences. Prosecutors often add PC 148(a) charges during arrests to strengthen their case.
An experienced defense lawyer can:
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Review bodycam and dashcam footage
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Examine officer conduct
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Challenge probable cause
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File suppression motions
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Negotiate reduced charges
Cron, Israels & Stark is based in Los Angeles and represents clients throughout Southern California.
If you are facing resisting arrest charges, contact our office for a confidential consultation and case evaluation.
Early legal intervention can significantly improve your outcome.