Resisting Arrest Defense Attorney

A charge commonly described as resisting arrest can carry serious consequences, even when the underlying incident happened very quickly and under stressful circumstances. In California, this offense is broader than an arrest alone.

A person may be charged under Penal Code section 148(a)(1) for allegedly resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician in the lawful performance or attempted performance of duty.

At the Law Office of H. Charles Gorian, we understand that these cases often arise from tense, fast-moving encounters in which witness accounts differ and the facts are disputed.

In many situations, the key question is not simply whether someone failed to cooperate, but whether the prosecution can actually prove every required element of the offense. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

What Is Resisting Arrest Under California Law?

California Penal Code section 148(a)(1) states that every person who willfully resists, delays, or obstructs any public officer, peace officer, or EMT in the discharge or attempted discharge of duty, when no other punishment is prescribed, may be punished by up to one year in county jail, a fine of up to $1,000, or both.

Although people often refer to this charge as resisting arrest, the statute is broader than an arrest alone. It may apply during other lawful duties performed by law enforcement or emergency personnel as well. The California criminal jury instructions reflect that the prosecution must prove:

• the officer or EMT was lawfully performing or attempting to perform duties
• the defendant willfully resisted, obstructed, or delayed that person
• the defendant knew, or reasonably should have known, that the person was an officer, public officer, or EMT performing or attempting to perform duties.

The jury instructions also explain that a person acts willfully when acting willingly or on purpose. It is not necessary for the prosecution to prove that the person intended to break the law, hurt someone, or gain an advantage.

The Officer Must Be Acting Lawfully

One of the most important issues in a Penal Code section 148 case is whether the officer was acting lawfully. California’s jury instructions expressly state that a peace officer is not lawfully performing duties if the officer is making an unlawful arrest or detention, or is using unreasonable or excessive force.

Penalties for Resisting Arrest

A violation of Penal Code section 148(a)(1) is a misdemeanor. The possible penalties include:

• up to one year in county jail
• a fine of up to $1,000
• or both.

Depending on the facts of the case and the person’s record, the court may in some situations grant summary (informal) probation instead of jail time, but that depends on the circumstances and should not be assumed in advance.

Common Defenses to Resisting Arrest Charges

Every case depends on the facts. Possible defenses may include:

• the officer was not lawfully performing duties
• the officer lacked legal grounds for the detention or arrest
• the officer used unreasonable or excessive force
• the defendant was falsely accused or misidentified
• the defendant did not act willfully
• the alleged conduct did not actually amount to resisting, delaying, or obstructing under the statute.

Because these cases often depend on body-camera footage, dispatch records, witness accounts, and the exact sequence of events, a careful review of the evidence is critical.

Speak with a Resisting Arrest Defense Attorney

If you have been charged with resisting arrest or violating Penal Code section 148, it is important to seek legal advice as early as possible. A close review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today or use our form for a free and confidential consultation.