Resisting Arrest Law in California - Penal Code 148(a) PC
Resisting arrest is generally charged as a misdemeanor battery (California Penal Code section 242). In order to convict you of this offense, the prosecution has to prove beyond a reasonable doubt that (1) you used force on someone, (2) while resisting arrest (3) when there was no excessive force used against you.
A related offense is Interfering With An Officer's Duties, California Penal Code 148(a), which is also a misdemeanor offense.
In order to convict you of this offense, the prosecution has to prove beyond a reasonable doubt that (1) you intentionally resisted, delayed, or obstructed a police officer; (2) that you did so while the police officer was trying to perform their duties; (3) that you knew or should have known that the person was a police officer performing their duties.
Related versions of this offense can also be charged as felonies if you attempt to grab a weapon during the offense (California Penal Code sections 148(b)-(d)).). It's not uncommon for those arrested for resisting arrest also to face charges of:
- Penal Code 647(f) public intoxication.
- Penal Code 148.9 PC false identification to a police officer.
What are the Penalties?
Resisting arrest is typically a misdemeanor offense, though you could be charged with a felony for taking an officer's weapon. If you are convicted, you could be sentenced to pay a fine of up to $1000 and incarceration in a county jail for as long as 1 year.
The judge could also decide to put you on probation and impose any conditions they believe are relevant to the circumstances of the offense.
Unfortunately, a conviction of a resisting arrest charge can have severe consequences. You may face incarceration, loss of income, and the stigma of a criminal record, which can affect your future employment, insurance, and educational opportunities.
What are the Legal Defenses?
It's important to remember that many people are wrongfully charged with resisting arrest, and there are legal defenses that can be used to fight this unfair and serious accusation.
If you believe you've been wrongly charged with resisting arrest, it's crucial to seek the advice of a skilled criminal defense lawyer immediately. They can assess the circumstances of your arrest and help you understand your legal options to challenge the allegations.
- Unlawful arrest: Law enforcement officers must follow proper procedure when making an arrest, and if you resisted after an officer failed to adhere to the law, you did not commit any offense.
- Self-defense: You can use as much force as is necessary and reasonable to defend yourself against an officer who engaged in misconduct and attempted to inflict unlawful bodily harm upon you.
- False allegations: In some cases, officers accuse a defendant of resisting arrest in revenge or simply because they were uncooperative. If your charges are invalid, it is important to retain an aggressive defense team to advocate for the truth.
When dealing with a resisting arrest charge, it's vital to consult a competent criminal defense lawyer in Los Angeles. They can thoroughly investigate the events leading to the charges and provide you with the best possible defense. Don't delay in seeking legal advice.
Our firm has knowledgeable legal staff committed to providing you with personalized attention and keeping you informed of the progress of your case throughout the legal process.
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