Choosing to resist police during their lawful duties is a serious matter that can escalate the situation. The act of resisting arrest in California is a defined crime under Penal Code 148 PC, and it's important to understand the implications of such actions.

In California, the most common charge related to resisting arrest is Penal Code Section 148 PC, a serious offense that can have significant legal implications.

Clearly, you have certain legal rights once you are stopped by law enforcement, including the right to decline to answer their questions. However, you need to understand the difference between:

• Your legal rights, and
• Impeding a police officer's lawful duties

You can't impede a police officer's lawful investigation, such as during a DUI stop or other similar situations. If you fail to recognize the distinction, you will often be charged with an additional crime.

Resisting arrest by law enforcement officers could subject you to criminal charges under California PC 148, potentially leading to serious legal consequences and being used as an “aggravating factor” for the prosecution of the underlying offense that led to your initial arrest.

Resisting Arrest Can Be Charged Under Different California Statutes

Depending on the circumstances, you could be charged under different statutes. For example:

• Penal Code 148(a)(1) PC, resisting arrest, is a misdemeanor offense punishable by up to one year in county jail;
• Penal Code 69 PC, resisting an executive officer, is a “wobbler” that can be charged as a misdemeanor or felony crime;
• Penal Code 241(c) PC, assault of a police officer, can be charged even in a situation where no physical contact occurs;
• Penal Code 243(b), battery on a police officer, can be charged when there is actual physical force used against law enforcement.

Penal Code 148(a)(1) PC is the more common charge because it is violated when you simply obstruct police from performing their lawful duties.

In order to obtain a conviction for resisting arrest, the prosecutor must prove that you knew or should have known, that the individual affected was a law enforcement officer performing their duties.

Evading Police vs. Physical Confrontation

In most cases, engaging in a physical confrontation with police is an attempt to prevent them from being handcuffed.

It's important to note that resisting arrest can occur by either:

• Running away, or
• Physical confrontation

In most cases, becoming engaged in physical resistance with police is an attempt to prevent being handcuffed or getting removed from the scene. Prosecutors and criminal courts consider physically resisting law enforcement while they are attempting to execute a lawful arrest as a serious offense.

In rare cases, the arresting officer was acting unlawfully, and thus, the arrest didn't fall within the required guidelines for performing their duties.

When a law enforcement officer attempts to unlawfully arrest someone, resisting is permitted, but only if reasonable force is used. Again, this is a very narrow set of circumstances.

Police can make an arrest based on just probable cause, but getting convicted in court will require proof beyond any reasonable doubt. It should be noted that you could be acquitted in court of the underlying criminal charges, but still be found guilty of resisting arrest.

Resisting Arrest Charges Under Penal Code 148(a)(1) PC

In most cases, when an arrest is supported by sufficient probable cause, any type of physical resistance against law enforcement is a separate crime.

The police officer doesn't need to sustain injuries, and the level of force used by the defendant doesn't need to be significant. Penal Code 148(a)(1) resisting arrest can be charged if someone is:

• Squirming;
• Pushing and pulling;
• Attempting to turn away to prevent being handcuffed, or
• Any other physical movement designed to impede the arrest.

These types of common physical resistance listed above typically will result in being charged with resisting arrest under California Penal Code Section 148(a) PC. This is a misdemeanor crime that is punishable by up to a year in the county jail.

Assault of Police Officer Charges Under Penal Code 241(c) PC

Penal Code 241(c) PC is the statute used to file misdemeanor charges of assault on a police officer. Several other statutes could be charged in a situation where a defendant engages in more serious resistance.

California Penal Code Section 241(c) PC defines the crime of assault on a peace officer. Assault is different than battery because assault doesn't require actual physical contact. Rather, a defendant must:

• Possess the present ability to use force against a peace officer and
• Take some action that would likely result in the application of force to the peace officer.

An example includes a situation where someone throws a bottle at a police officer but misses. A PC 241(c) charge is also a misdemeanor, punishable by up to a year in county jail and a fine.

The battery on Police Officer Charges Under Penal Code 243(b) PC

In a situation where the application of force to the peace officer succeeds, the suspect could be charged with the more serious offense of battery on a peace officer.

This crime is defined under California Penal Code Section 243(b) or 243(c)(2) PC.  The distinction between these two statutes is whether an injury occurred to the victim requiring medical treatment. If not, PC 243(b) is charged as a misdemeanor, and the defendant faces a maximum punishment of one year in county jail and a fine.

If it did, then Penal Code 243(c)(2) PC is charged as a felony, and the penalties include 16 months, two or three years in a California State Prison.

It should be noted that if the police officer is injured from even a relatively minor use of force by the defendant, the penalties could include a felony conviction.

In other words, a Penal Code 243(c)(2) PC is a much more serious charge than the typical misdemeanor resisting arrest charge defined under Penal Code 148(a) PC.

How Can I Fight California Resisting Arrest Charges?

Call our law firm to learn how we can help you. If you were accused of committing a crime against a police officer, our Los Angeles criminal lawyers can use a range of strategies to fight the charges. Some common defenses include:

• Act was not willful,
• Unlawful arrest,
• Self-defense,
• False allegation.

In order for the prosecutor to convict you of PC 148, they must prove your act was “willful.” We might be able to make an argument you didn't resist arrest on purpose or the officer misinterpreted your actions.

Another defense includes an argument you were falsely accused. Perhaps the police officer exaggerated the circumstances of your arrest to support an allegation that you resisted arrest.

There are cases in which the prosecutor agrees to dismiss all underlying charges and gives lenient sentences to defendants but insists on a plea to a Penal Code 148(a) PC offense, likely to shield the city government from possible civil liability.

Cron, Israels & Stark is a top-rated criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.

We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case evaluation at (424) 372-3112.