Resisting Arrest Defense Attorney | Orange County

What is Resisting Arrest? | PC 148

Under California Penal Code Section148(a), resisting arrest is when a person willingly resists, delays, or obstructs any public officer, peace officer, or emergency medical technician while they are attempting to carry out their duties. Although this charge is usually a misdemeanor, it is still a serious crime in Orange County, California, and in some cases can  be charged as a felony. If convicted you can face the loss of your freedom, a substantial fine as well as a permanent criminal record.  Some related crimes outlined below include: 

  • Resisting Arrest 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 attempt to take a weapon or firearm from an officer, the prosecution can charge you with either a misdemeanor or a felony, depending upon the facts of your case and your prior criminal history.

  • Resisting Arrest Battery On A Police Officer | CA PC 243(C)(1) And (2) 

Under California Penal Code section 243(c)(1) and (2), if you committed battery or used unlawful force on a peace officer or EMT, you can be charged with either a misdemeanor or felony. This also depends upon the facts of your case and your prior criminal history.

Factors That Must Be Proven | PC 148(a)

  • Defendant willfully resisted, delayed, or obstructed a peace officer, public officer, or an emergency medical technician
  • At the time of the offense, the peace officer, public officer, or EMT was engaged in or attempting to engage in the performance of his or her duties
  • Defendant resisted, delayed, or obstructed knew or reasonably should have known that:
    • The victim was a police officer, public officer, or EMT
    • The victim was engaged in the performance of his or her duties

Resisting Arrest Punishments | What You’re Facing

PC 148(a)  

  • Imprisonment in a county jail for up to 1 year
  • A fine of up to $1,000
  • Or by both imprisonment and a fine

PC 148(b) | Removing Weapon While Resisting

  • Imprisonment in state prison for 16 months, 2 years, or 3 years
  • A fine of up to $10,000

 PC 243(c)(1) & (2) | Battery While Resisting Arrest

  • Felony

    • Imprisonment in a county jail for 16 months, 2 years, or 3 years
    • $10,000 fine

  • Misdemeanor

    • Imprisonment in a county jail for up to 1 year
    • Fine up to $1,000

Fight Back | Possible Defenses Against Resisting Arrest Charges

If you are charged with resisting arrest in California, you may feel like there is no way to win your case. However, with the experienced attorneys at Wallin & Klarich on your side, you can rest assured we will fight for your freedom and your exoneration. We understand that many times the police arrest individuals for resisting arrest simply because the person didn’t answer their questions fast enough or the person believed the police officer did not have the legal right to detain them. Throughout our 40+ years of representing numerous clients all over Southern California, our skilled attorneys have identified all of the best defenses to help our clients achieve a positive outcome when facing criminal resisting arrest charges. Some of the best defenses that we have identified include: 

Unlawful Arrest

One of the best defenses when facing resisting arrest charges  is the unlawful arrest defense. Your attorney may argue that the police had no reason to detain or arrest you and thus your legal rights were violated. If the court believes that the police officer did not have “probable cause’ to detain or arrest you then the judge can grant a motion to suppress the evidence against you. This could lead to your case being dismissed.

Self Defense

Your attorney may also defend you on the grounds of self defense. If the police officer used excessive force, you have the right to defend yourself from harm. Unfortunately, in the past, there have been cases of excessive force or police brutality, and officers arrest individuals, charging them with resisting arrest. If this is true in your case, we will fight to show to the court and possibly the jury what the true facts are in your case. 

Police Misconduct

Your attorney may argue police misconduct along with the above defenses. There are times when certain police officers have a history of excessive force or unlawful arrests. Your attorney can file a motion for the personnel file of the arresting officer to help prove this defense. 

Lack of Knowledge

Your attorney may also argue that did not know that it was a peace officer or that the peace officer was performing a lawful duty. In order to be convicted of resisting arrest, you must willingly obstruct the officer or EMT for carrying out their duties. For example, a plainclothes officer attempts to arrest you without announcing he is a police officer. When he attempts to put the handcuffs on you, you put up a fight or resist the arrest. This has been a successful defense we have utilized in other resisting arrest cases we have handled. 

Hiring A Resisting Arrest Defense Attorney | How We Can Help You

When dealing with such serious allegations it is crucial to hire the best attorney you can find. At Wallin & Klarich criminal defense firm we believe that there are four (4) key aspects that you, the client, should look for when hiring an attorney. 

  1. Experience
  2. Communication
  3. Track record
  4. Ethos – Credibility

Wallin & Klarich | 40+ Years of Experience Defending Resisting Arrest Charges

Here at Wallin & Klarich, our team of highly-trained attorneys have over 40+ years of experience representing clients accused of resisting arrest. This experience does not only mean that we are competent in the handling of your case, but equally important, we know our way around the local courthouses and we know the local prosecutors. This sometimes overlooked, and often underappreciated knowledge makes it easier to craft a defense that gives you the highest chance of success possible. 

24/7 Communication With Your Attorney | The Wallin & Klarich Way 

Cases are won in the courtroom but made in the office. At Wallin & Klarich, we believe that communication and transparency are vital to a successful case. With all the paperwork and legality, we have found that when people retain other law firms it is common for the client to get lost in the legal process and only have a vague idea of what is going on in their case. We believe this is why so many people retain our law firm to help them when facing a resisting arrest

 charge. By keeping an open line of communication with our clients and walking side-by-side with them through the entire legal process we have found that our clients are not only happier but receive a better outcome when communication is kept at the forefront of our efforts. 

Give us a call at (877) 4-NO-JAIL and let’s begin communicating on how we can get the best outcome for your case. 

Track Record of Success | Wallin & Klarich History of Winning Cases

Words mean nothing if the outcome of your case is not what you were looking for. We are confident enough in our abilities to deliver the best possible outcome in your case and our history shows why. Take a look at what some of our previous clients had to say!

VIEW ALL

Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side

There are hundreds of lawyers that claim to have extensive experience defending clients throughout California charged with resisting arrest. We don’t want to talk the talk, so we’ll let our record do that for us. Check out some of our big wins:

VIEW ALL

Free Consultation | Call Us Now!

Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. With offices in Orange County, Riverside, San Bernardino, West Covina, Torrance, San Diego, Los Angeles, San Diego, and throughout Southern California, we are only a phone call away. Our initial consultations can be done in-person or virtually, so it’s up to you to choose which works best. During your initial consultation, we will ask about the facts of your case. We will discuss every aspect of your case and go over the potential defenses that may be available for you. When it matters most, you can rely on Wallin & Klarich to defend your rights.

Frequently Asked Questions

Yes! And you should fight this charge. Police misconduct is one of the most common defenses we have used to get our previous clients off the hook. Just as you are not allowed to misbehave, neither are the police. If we are able to prove that the cops in question were indeed out of line, then we may be able to get this charge dismissed. Call us at (877) 4-NO-JAIL and tell us everything that happened. We're looking forward to speaking to you soon!

The short answer is yes, they may try to charge you with violating PC 148(b). That being said, if you did not touch the gun, they will have a hard time successfully arguing this, if you get the right attorney. They will need either eye-witness testimony or scientifically-backed evidence (like a fingerprint) to prove that this did occur. Call us today at (877) 4-NO-JAIL and tell us what happened. You shouldn't be charged with something you did not do, and the courts should recognize that.

Yes! Although the prosecutor may be able to argue that when there's not a competent defense attorney present, it is going to be hard for them to prove that you resisted arrest when you have an outstanding medical condition. If the facts of your case line up, we may be able to argue that you did not willfully resist, but rather fell victim to a medical condition. You should really speak to an attorney immediately though, as time is always of the essence in these cases! Call us at (877) 4-NO-JAIL, we'd love to hear you out.

  • This field is for validation purposes and should be left unchanged.
  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

Related Practice Areas