What is the Prosecutor Required to Prove?
In California, resisting arrest under penal code 148(a)(1) pc prohibits intentionally resisting, delaying, or obstructing a law enforcement officer or EMT from performing their duties.[1] “In the performance of their duties” includes all actions within their respective job function and not just acts in effectuating an arrest.
To prove someone is guilty of resisting arrest under PC 148(a)(1), the following elements must be met:
- Your accuser was a public officer lawfully performing or attempting to perform their duties;
- Defendant willfully resisted, obstructed, or delayed the public officer in the performance or attempted performance of their duties;
- Defendant knew or should have known the person was a public officer performing or attempting to perform their duties.[2]
Legal Defenses to Penal Code 148(a)(1) Charges
Self-Defense
When a police officer engages in excessive force, then a defendant may defend themselves no more than necessary under the circumstances. Moreover, a person cannot expect to cooperate with the police while undergoing unnecessary force. The standard applied in these circumstances is “reasonableness.” Consequently, self-defense claims are measured on a case-by-case basis.
Unlawful Arrest
Prior to any detention, the officer must be armed with either probable cause or reasonable suspicion. This requires the officer to have some suspicion that a crime is or had occurred. Therefore, attacking the underlying detention can serve as a defense to resisting arrest since the detention should have never occurred in the first place.
Misconduct
An officer may have a documented history of misconduct where an attorney can file a Pitchess motion to obtain citizen complaints involving this officer’s conduct. This is incredibly useful when either impeaching the officer or demonstrating their habitual character trait for misconduct.
Knowledge
Another important defense involves knowledge that the defendant knew the officer was a public officer. Thus, in cases involving undercover operations or perhaps an officer attempts to effectuate your arrest from behind, if you neither knew nor should have known under the circumstances, then you cannot be convicted of resisting arrest.
What is the Punishment for Resisting Arrest – PC 148(a)(1)?
Resisting arrest is punishable as a misdemeanor carrying:
- Up to one (1) year in the county jail,
- Fine not exceeding $1,000.
Ordinarily, the court places a defendant on probation and imposes terms such as community service/labor, counseling, anger management, or substance abuse meetings.
Resisting Arrest Examples
- A police officer was dispatched to a home after receiving a domestic violence call. During the investigation stages, the husband ran out of the house to avoid being subsequently arrested. After catching up to the husband, the officer arrested him for penal code 148(a)(1). In this case, the husband delayed the officers’ duties of swiftly investigating the domestic violence case by running away attempting to avoid capture.
- In another example, Dan was stopped for failing to stop at a stop sign. The officer ran Dan’s background where an outstanding bench warrant came up. The officer informed Dan of the warrant and asked that he exit his vehicle. Dan refused and then locked his door refusing to come out. The officer broke the window to extract Dan from his car. Here, Dan obstructed and delayed the officer from effectuating his arrest by locking his vehicle and refusing to exit.
Contact Us to Schedule a Free Consultation
If you’ve been charged with resisting arrest under PC 148(a)(1) or a related violent crime, it may not seem like you have many options. But, it’s important to understand that you’re innocent unless the prosecutor proves their case beyond a reasonable doubt. Thus, it’s crucial to enlist the help of an experienced Orange County criminal defense lawyer. Call us today to schedule a risk-free consultation about your rights and defenses.
Related Offenses
- Assault – Penal Code 240 PC
- Battery – Penal Code 242 PC
- Assault with a Deadly Weapon – Penal Code 245(a)(1) PC
- Battery Causing Serious Bodily Injury – Penal Code 243(d) PC
Legal References:
[1] Penal Code 148(a)(1): “Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.”
[2] CALCRIM No. 2656: https://www.justia.com/criminal/docs/calcrim/2600/2656.html
