More California Resisting Arrest information
Resisting Arrest FAQ’s California Penal Code Section 148
- Is it possible that I will face additional charges other than resisting arrest, if I assaulted the officer?
Yes. Using physical force to resist, delay or obstruct the duties of an officer or EMT may lead to additional charges such as assault and/or battery on a peace officer (P.C. 240). Due to the serious nature of the crime, it is vital that you hire an experienced criminal defense attorney to ensure that you don’t face additional charges.
- Does resisting arrest have to be a physical action?
No. An individual can be accused of resisting arrest without having taken any physical action. Simply falsely identify yourself during an investigation or refusing to disclose your identity during the booking process can also be considered resisting arrest.
- What is the difference between P.C. 148 and P.C. 69?
Under California Penal Code Section 69, it is a punishable offense for a person who attempts by means of any threat or violence to deter or prevent an executive officer from performing their duties. This offense is punishable by a fine of up to $10,000 imprisonment in state prison or jail of up to one year, or both a fine or imprisonment.
- Can I be charged with P.C. 148 and P.C. 69?
Yes. You can be charged with violating Penal Code Section 148 and Penal Code Section 69. However, if you are found guilty of both offenses, you can only be “punished” for the more serious offense of Penal Code Section 69 as the law states that a violation of P.C. 148 is a “lesser included offense” of P.C. 69.
- Can I be charged for resisting arrest for yelling and being rude to an officer?
Yes. However, by retaining an experienced and aggressive criminal defense attorney, your attorney can argue that simply being rude or dismissive to an officer does not constitute resisting arrest.
