Resisting Arrest Defenses California Penal Code Section 148

There are a number of different defenses that may be raised to overcome resisting arrest allegations. An experienced criminal defense attorney can raise certain defenses depending on the particular facts of the case. If the arguments are successfully presented, the charges may be dismissed or reduced to a less serious offense.

The Arrest Was Unlawful

If an officer attempted to arrest an individual unlawfully, for example while entering a home unannounced and without a warrant, an individual cannot be charged with resisting arrest because the arrest was unlawful.

Self-Defense

A defendant can be justified in resisting arrest if he/she can show that the act was done in self-defense. To qualify for this justification, the defendant must have reason to believe that the officer was using excessive force and there was a realistic threat of being killed or seriously injured and that the use of force was necessary to defend against that threat by the officer. The defendant must also show that he/she did not use more force than was reasonably necessary to defend against that threat.

You Did Not Resist Arrest

It may be possible that the arresting officer wrongfully charged the accused for resisting arrest because the individual was only being uncooperative or rude and the conduct did not rise to the level of the legal definition of resisting arrest.

If you or a loved one is facing resisting arrest charges, it is very important that you seek the assistance of a criminal defense attorney who can protect you from the debilitating penalties of the offense. At Wallin & Klarich, our attorneys have over 30 years of experience in helping our clients defend against resisting arrest allegations. We will carefully review the facts of the case and devise the best possible defense strategy for your case Call us today at 888-749-0034. We will be there when you call.