Resisting Arrest Punishment & Sentence – California Penal Code 148 PC, 243 PC
Resisting Arrest Punishment for Misdemeanor Offenses California Penal Code 148(a) PC
Under California Penal Code section 148(a), resisting arrest is generally considered a misdemeanor, and the resisting arrest punishment for a misdemeanor offense consists of up to one year in county jail and a maximum $1,000 fine.
Resisting arrest punishment for removing or attempting to remove a firearm from peace officer {CA PC 148(b), (c), (d)}
If during the course of resisting arrest you take or attempted to take a weapon or firearm from the immediate presence of an officer, the resisting arrest punishment you face depends on whether the offense is charged as either a misdemeanor or a felony. Under California Penal Code sections 148(b), (c) or (d), this offense is considered a “wobbler,” which means it can be charged as either a misdemeanor or felony depending upon the facts of your case and your prior criminal history. If you are convicted of misdemeanor resisting arrest, you face up to a year in county jail and a maximum $1,000 fine. If you are convicted of felony resisting arrest, you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Resisting arrest punishment for battery on a police officer {CA PC 243(c)(1) and (2)}
Under California Penal Code sections 243(c)(1) and (2), a battery committed on a peace officer or EMT can be charged as either a misdemeanor or felony depending upon the facts of your case and you prior criminal history. If you are convicted of misdemeanor battery, you face up to year in county jail and a maximum $2,000 fine. If you are convicted of felony battery you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Court options at the time of sentencing
If you are convicted of resisting arrest, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- Sentence you to one of four terms provided by law:
- Misdemeanor resisting arrest punishment: up a year in county jail
- Felony resisting arrest punishment: 16 months, 2 or 3 years in county jail
- Misdemeanor battery on a police officer punishment: up to a year in county jail
- Felony battery on a police officer punishment: 16 months, 2 or 3 year in county jail
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend anger management or therapy
- Place you on formal probation and assign you a probation officer
Probation Terms
When you are placed on probation, the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend anger management or counseling
- Random drug testing
- Random searches of your person or home
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an Experienced Resisting Arrest Defense Attorney at Wallin & Klarich
California’s resisting arrest punishment and sentencing can be severe and potentially life changing. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense lawyer at Wallin & Klarich, who will carefully review the facts and the law to give you the best representation possible.
With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina Wallin & Klarich has over 40 years of experience in defending our clients against resisting arrest charges. We will carefully review the evidence against you and help you win your case.
Call us today at 877-4-NO-JAIL or fill out our client information form for a free phone consultation. We will get through this together.
