In California, Penal Code section 148 prohibits every person from willfully resisting, delaying, or obstructing any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge of his or her duty during the course of employment. Usually, it is punishable as a misdemeanor by a fine not exceeding $1,000, or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment.
However, it is a felony offense when a person who, while resisting a lawful arrest, removes or takes a firearm from a public officer or peace officer. If convicted, such person will be punished by imprisonment in the state prison. The law authorizes an individual to resist an arrest. When an arrest is improper, nondeadly force may be used to resist an arrest even when a known officer is making such an arrest. Deadly force, however, may be used only if an individual does not know that the person arresting him is a police officer.
If you have been accused of resisting arrest, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-resisting-arrest-battery-police-officer. We will be there when you call.
