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Resisting Arrest & Battery on a Police Officer Defense

What is Resisting Arrest or Battery on a Police Officer?

California Penal Code § 148 defines Resisting / Delaying / Obstructing Officer or Emergency Medical Technician as follows:

Every Person who willfully resists, delays or obstructs any public officer, peace officer, or an emergency medical technician… in the discharge or attempt to discharge any duty of his or her office or employment…

California Penal Code § 243 (c) 1 defines Battery on a Police Officer as:

Any battery committed against a custodial officer, firefighter, emergency
Medical technician, lifeguard, process server, traffic officer, or animal control
Officer engaged in the performance of his or her duties…

In simpler terms, for you to be charged with either of these offenses you would have to have some unwanted contact with either a police officer or an EMT. This conduct can range from delaying an arrest by not complying with the officer’s demands up to engaging in a physical altercation with a peace officer. A battery does not need to be a punch or a kick, it could be any unwanted and willful contact.

What am I facing if I am charged with this?

Depending on the nature of the incident, these types of offenses could be charged either as a misdemeanor or a felony. A misdemeanor conviction of Resisting Arrest or Battery on a Police Officer carries a maximum sentence of a year in County Jail and a $1000.00 fine.

If you are charged with a Felony Battery on an Officer, you could face a State Prison Sentence of 16 months, 2 years or 3 years.

What makes them file a misdemeanor instead of a felony?

This charge is considered a “Wobbler,” which means that the District Attorney has the option to file it as either a felony or a misdemeanor. The District Attorney will consider the facts of the incident in what to charge. The more aggravated the conduct, or if there were injuries to the officers, the more likely the case will be filed as a felony.

Wallin & Klarich has been successful in meeting the District Attorneys prior to filing and providing them with positive information on behalf of our clients. Positive information that can make the difference between a felony or a misdemeanor or the case not being filed at all.

How do you fight on my behalf in these types of cases?

Wallin & Klarich has handled hundreds of such cases with incredible results, ranging from dismissals to acquittals at trial.

Wallin & Klarich has been successful in getting the background records of the officers that were involved in your case. In filing Pitchess motions, Wallin & Klarich is able to secure any past complaints filed against that officer and use them in your case. Pitchess motions are a great tool in negotiating and resolving your case.

Wallin & Klarich also prides itself on having aggressive trial attorneys that are able to procure great results in court. There are many defenses, such as self-defense available to someone charged with these types of offenses. Wallin & Klarich will analyze your specific case and utilize the defense that best applies to your case and will provide you with the best result.

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