Charged with Resisting Arrest? Meet a former prosecutor in Santa Ana, CA who can help you with your case
In California, there are two different “resisting arrest” charges:
Penal Code section 148(a)(1) is a misdemeanor. A person is sometimes arrested and charged with this crime for doing anything contrary to the officer’s instructions – even asking questions of the officer! Of course fighting, delaying, and obstructing a peace officer’s duties can also be charged under this statute.
Prosecutor’s take these charges seriously, sometimes for the purpose of protecting a police officer from an excessive force lawsuit. This can be a nightmare scenario for an accused!
Resisting arrest can also be charged as a felony under Penal Code section 69:
While P.C 69 requires that a person use or threaten “force” upon an officer, there are a wide variety of opinions regarding what actually constitutes force.
This charge can be a very serious situation, involving not only a felony on your record and up to three years in custody, but also loss of employment and professional licensing.
If you’ve been charged with felony or misdemeanor resisting arrest, it’s important to know that there are a number of effective defenses to these offenses.
In order for someone to be found guilty, for example, the officer must have been acting lawfully, and must not have used excessive force.