Resisting Arrest & Battery On A Police Officer Overview P.C. 148
Under California Penal Code Section 148, it is a punishable offense when someone willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician…in the discharge or attempt to discharge any duty of their office of employment.
To be convicted of this crime, the prosecution must show that the accused willfully resisted, delayed, or obstructed a public officer or medical technician while they were engaged in the performance of their duties and that the accused reasonably knew or should have known that the officer or EMT was doing so.
If convicted of resisting arrest, an individual may face a misdemeanor charge resulting in a possible sentence of up to one year in county jail, a thousand dollar fine, or both.
However, under California Penal Code Section 148 (b) or (c) or (d), if while resisting arrest the accused takes a weapon or firearm from an officer or EMT or in the immediate presence of the officer or EMT, the accused may face a felony charge which could carry a possible prison sentence of up to three years.
It is important to note that an individual can be accused of resisting arrest without having taken any physical action such as running away or resisting being placed into handcuffs. Simply falsely identify yourself during an investigation or refusing to disclose your identity during the booking process can also be considered resisting arrest.
Resisting arrest charges can be overcome by effectively arguing certain defenses. Depending on the facts of the case, a skilled criminal defense law firm can argue that the arrest was unlawful, the accused did not legally resist arrest or that the accused was acting in self defense. In many cases with an experienced criminal defense attorney, fighting for you resisting arrest allegations can be dismissed or the charges can be reduced to a less serious offense.
If you find yourself facing resisting arrest charges, it is very important that you seek the assistance of a criminal defense attorney who can protect you from the serious penalties associated with a resisting arrest conviction. At Wallin & Klarich, our attorneys have over 40 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 (877) 4-NO-JAIL. We will be there when you call.