Resisting a police officer during an arrest in California can quickly turn a stressful situation into a much more serious criminal case.
Even minor physical resistance or interference can lead to additional charges under California law.
The most common resisting arrest charge is filed under Penal Code 148(a)(1). However, depending on what happened during the encounter, prosecutors may also file assault or battery charges against a peace officer.
Understanding the difference between asserting your legal rights and unlawfully interfering with police is critical.
Your best chance at a positive outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Resisting Arrest Under California Law?
The primary statute used in resisting arrest cases is Penal Code 148(a)(1). This law makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer who is lawfully performing their duties.
To convict someone under Penal Code 148(a)(1), the prosecutor must prove:
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A peace officer was lawfully performing their duties
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You knew or reasonably should have known the person was a peace officer
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You willfully resisted, delayed, or obstructed the officer
The key issues are whether the officer was acting lawfully and whether your conduct was intentional.
Your Rights vs. Obstructing Police
You have constitutional rights when interacting with law enforcement, including:
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The right to refuse consent to a search (in most cases)
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The right to request an attorney
However, refusing to answer questions is different from physically interfering with an officer's lawful duties. For example:
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Pulling away while being handcuffed
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Physically tensing or twisting to avoid restraint
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Running away during detention
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Pushing officers during an arrest
These actions can result in additional criminal charges.
Running Away vs. Physical Resistance
Resisting arrest can occur in two primary ways:
Evading Police
Running away or attempting to flee during a lawful detention or arrest may result in a Penal Code 148 charge. In vehicle cases, fleeing can lead to even more serious charges.
Physical Confrontation
Engaging in physical resistance — even minimal movements like squirming or pulling away — may qualify as resisting arrest.
Police do not need to suffer injuries for Penal Code 148(a)(1) to apply. Any willful action that delays or obstructs an officer's lawful duties can be charged.
Other Charges That May Apply
Depending on the level of force involved, prosecutors may file more serious charges.
Penal Code 69 – Resisting an Executive Officer
This is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony. PC 69 applies when someone uses threats or violence to deter an executive officer from performing duties.
Penal Code 241(c) – Assault on a Peace Officer
Assault does not require physical contact. Penal Code 241(c) applies when someone:
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Has the present ability to use force against an officer
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Takes an action that would likely result in force being applied
Example: Throwing an object at an officer but missing.
Penal Code 243(b) – Battery on a Peace Officer
PC 243(b) involves actual physical contact. If the officer is not injured, it is typically a misdemeanor punishable by up to one year in jail.
Penal Code 243(c)(2) – Battery Causing Injury
If the officer is injured and requires medical treatment, the charge can be filed as a felony with possible prison time of 16 months, two years, or three years.
Can You Resist an Unlawful Arrest?
California law allows limited resistance if an officer is acting unlawfully, but this is a very narrow defense.
If an officer is not lawfully performing their duties — for example, using excessive force or making an unlawful arrest — a defendant may argue that resistance was justified.
However, courts strictly limit this defense. The force used must be reasonable and proportionate. These cases are highly fact-specific and difficult to prove.
Penalties for Resisting Arrest in California
For Penal Code 148(a)(1):
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Misdemeanor
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Up to one year in county jail
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Fine up to $1,000
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Summary probation
For more serious charges involving assault or battery on an officer, penalties increase significantly and may include state prison.
In addition, resisting arrest may:
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Be treated as an aggravating factor
Importantly, you can be acquitted of the original underlying charge but still convicted of resisting arrest.
How Prosecutors Use Resisting Charges
In some cases, prosecutors may:
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Dismiss underlying charges
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Offer reduced sentences
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Require a plea to Penal Code 148(a)(1)
This sometimes occurs when there are potential issues with the legality of the arrest or concerns about civil liability.
Each case must be carefully evaluated to determine the best strategy.
Common Defenses to Resisting Arrest
An experienced criminal defense attorney may use several defenses, including:
The Act Was Not Willful
You did not intentionally resist. The officer may have misinterpreted your movements.
The Officer Was Acting Unlawfully
If the officer was not lawfully performing duties, Penal Code 148 does not apply.
Self-Defense
If excessive force was used, you may have acted in lawful self-defense.
False Allegations
Officers may exaggerate conduct to justify force used during arrest.
Every case depends on body camera footage, witness testimony, police reports, and surrounding circumstances.
Frequently Asked Questions
Is resisting arrest always a misdemeanor?
Penal Code 148(a)(1) is a misdemeanor. However, related charges like Penal Code 69 or 243(c)(2) can be felonies.
Can I be charged for just pulling away?
Yes. Even minimal resistance, such as twisting or pulling arms away during handcuffing, can result in a charge.
What if I didn't know they were police?
The prosecutor must prove you knew or reasonably should have known the person was a peace officer.
Can resisting arrest affect my underlying case?
Yes. It may be used as an aggravating factor and can complicate plea negotiations.
What should I do if I've been charged?
Do not discuss the incident with anyone except your attorney. Early legal intervention is critical.
Speak With a Los Angeles Criminal Defense Attorney
Resisting arrest charges can significantly increase your exposure in a criminal case. Whether you are facing a misdemeanor under Penal Code 148 or more serious assault or battery charges, a strategic defense is essential.
Cron, Israels & Stark represents clients throughout Los Angeles in resisting arrest and related offenses. We carefully analyze police conduct, review body camera footage, and challenge improper charges.
If you or a loved one has been charged with resisting arrest in California, contact our office for a confidential case evaluation and begin protecting your rights immediately.
