Resisting arrest is one of the most common misdemeanor offenses alleged against a police officer.  Most instance stem from an initial detention where an officer is investigating a domestic violence call, battery, or public intoxication.  With as a little as a brief delay in the officer effectuating his duties will result in resisting arrest charges.

A conviction holds potential jail time, probation, fines, community service/labor, anger management, and substantial consequences to your future.  In the event, there’s violence used against an officer, EMT, firefighter, or other public officer, the crime elevates to a felony offense.  However, with the assistance of an experienced Orange County Resisting Arrest Attorney, you can develop and mount a strong defense against this charge.

Overview of the Crime Resisting Arrest in California

The charge is “resisting, delaying, or obstructing a peace officer, firefighter, or EMT” is defined in Penal Code section 148(a)(1) pc.  Under this statute, someone commits the crime if they willfully obstruct or resist the performance of a public officer within the scope of their capacity.

This charge additionally defines a peace officer as anyone with arresting power within the state.  This includes police officers, probation officers, and sheriff deputies.  Firefighters includes anyone employed by the county or state of California to conduct fire investigations or serve as emergency responders.

Despite the broad language within the statute, it has been repeatedly upheld as constitutional over overbroad and vagueness challenges.  A violation encompasses all forms of behavior that interferences with the performance of a duty.  For example, someone failing to swiftly and timely pull over to the side of the road after committing a traffic infraction could lead to resisting arrest charges.  Other examples include giving false information to a police officer or tampering with evidence.

Punishment for Resisting Arrest

Resisting arrest is a misdemeanor, punishable by up to one (1) year in the county jail, a $1,000 fine, or both.  Ordinarily, the court will impose a period of probation to include terms of community labor and anger management.  If the officer received any injuries, then the punishment is unquestionably harsher.  If any form of violence was used in the encounter, the prosecutor may seek felony charges under Penal Code section 69.  Accordingly, someone charged with this crime should consult with a knowledgeable defense attorney to maximize your chances of a successful defense.

Defending Resisting Arrest Charges

If you’ve been charged with resisting arrest, then securing representation of an experienced resisting arrest defense attorney as early as possible is crucial to prepare your defense.  An effective investigation includes subpoenaing officer or businesses for video footage capturing the incident, interviewing witness, and photographing all bruises or markings on your body.  Typically defenses to resisting arrest charges include:

• Self-Defense against Excessive Force
• Officer has a History of Misconduct
• Your Initial Detainment was Unlawful
• The Officer Exaggerated the Circumstances
• You did not willfully Resist or Delay the Officer

Contact an Orange County Resisting Arrest Lawyer

Orange County Criminal Defense Lawyer John Rogers has extensive experience representing clients who have been charged with resisting arrest, obstruction, or other crimes against law enforcement.  His office has an unmatched understanding of the laws concerning police officer protocol and procedure and will explore every pertinent fact when mounting your defense.  Our office can evaluate the strength of the prosecutor’s case against you and develop a defense that applies to your case.  Contact the Law Offices of John D. Rogers to schedule a free case evaluation.  There’s no question that early intervention could mean the difference of serving a jail sentence or having the case rejected altogether.