Under California Penal Code §148(a)(1), a person can be charged with resisting arrest when they willfully resist, delay, or obstruct a peace officer or emergency medical technician (EMT) in the lawful performance of their duties. This law applies not only during an actual arrest but also during any lawful act related to a police or emergency response.
To prove this charge, prosecutors must show that:
- The officer or EMT was lawfully performing their duties,
- The defendant knew or reasonably should have known that the person was an officer or EMT, and
- The defendant willfully resisted, delayed, or obstructed that person’s actions.
It’s important to note that “resisting” does not always mean using physical force. A person can be charged for verbal interference, refusing commands, or any behavior that hinders an officer’s lawful duties. However, the key element is that the officer’s actions must have been lawful—an unlawful arrest or excessive use of force can serve as a strong defense.
This offense is typically charged as a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000. In many cases, a judge may instead grant summary (informal) probation in place of jail time, especially for first-time offenders.
Common legal defenses include demonstrating that:
- The officer acted unlawfully or lacked probable cause for the arrest.
- The defendant was falsely accused or misidentified,
- The defendant did not act willfully, or
Because resisting arrest charges often arise from tense, fast-moving situations, the facts and witness accounts can vary widely. An experienced criminal defense attorney can review body camera footage, police reports, and other evidence to determine whether law enforcement acted properly and whether the charge can be reduced or dismissed.
If you have been charged with resisting arrest, contact the Law Office of H. Charles Gorian today. We have years of experience dealing with these charges and we know the California laws that affect your situation. Our law firm has helped men and women throughout Riverside County, San Bernardino County, and San Diego County, and we may be able to help you.
One phone call could be the difference between harsh criminal penalties and freedom. Call our lawyer today for a free, no-risk, no-obligation case evaluation.