Resisting Arrest and California Law

Resisting Arrest and California Law

California Penal Code 148 states that it is illegal to resist arrest by either a police officer or EMT. This includes any act that intentionally prevents them from performing their legal duties. 

California Penal Code 148, specifically 148 A 1 PC, states that it is illegal to resist arrest by either a police officer or EMT. This includes any act that intentionally prevents them from performing their legal duties.

Definition of Resisting Arrest 

Under PC 148 A 1 in California law, resisting arrest is when a person “willfully resists, delays, or obstructs” a police officer or emergency medical professional while they are performing the legal duties outlined in their job. This means the person was aware that the police officer or EMT was trying to do their legal duties and purposefully prevented them from doing so.

In this way, 148 A 1 PC prohibits more than just physically fighting off police at the time of an arrest. Other examples of resisting arrest would be if someone willingly went limp while being handcuffed, forcing officers to lift and drag them, as well as preventing officers from interviewing witnesses, assessing crime scenes, or accessing victims. Any of these actions can result in charges for resisting arrest, and you may be wondering what the consequences for a 148 A 1 PC conviction would be.

Penalties for Resisting Arrest in California

Resisting arrest in California is classified as a misdemeanor. If convicted, you can spend up to a year in jail, and pay fines up to $1,000. A resisting arrest conviction will also show up on your record, making future interactions with the legal system more complicated.

When this charge is on your record, you could be subject to harsher future penalties and less leeway with the legal system. That’s why it’s important to prevent conviction with experienced representation that has proven defenses for 148 A 1 PC.

Potential Defenses for 148 A 1 PC

If you are charged with resisting arrest, there are a number of defenses to give you leverage in court. These include intoxication or insanity: when a person didn’t have control of their actions, or didn’t comprehend that officers or EMTs were trying to perform their legal duties.

Other defenses might involve a person being subjected to an unlawful arrest, or if they were acting in self-defense at the time.

Chances of Winning a Resisting Arrest Case 

To win a resisting arrest case, you’ll need experienced legal representation familiar with California law and proven 148 A 1 PC defenses.  Our defense attorneys have the knowledge and experience to represent you if you face resisting arrest charges. No matter the nature of the incident, you can trust us to treat you with respect and integrity. Contact us today for a complimentary consultation.

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