Posted on March 11, 2017
What is the Punishment for CA Resisting Arrest?
Unlawfully resisting, delaying, or obstructing a police officer in his or her duties is charged under California penal code 148(a)(1) pc. Labeled as a violent crime, prosecutors treat resisting arrest charges very serious in an effort to protect and deter crime against police officers. If charged with resisting arrest, there is no question that you should retain an experienced Orange County resisting arrest attorney to protect your rights.
What is the Punishment if Convicted of Resisting Arrest?
Resisting arrest is a misdemeanor punishable by up to one (1) year in the Orange County jail and a fine up to $1,000. Ordinarily, the court places a defendant on a period of probation and imposes terms such as anger management, counseling, and community service. In addition to the penalties, the court may order a defendant to pay restitution in the event the police officer suffered any economic losses.
Will a Resisting Arrest Conviction appear on my Criminal Record?
Any time a person is booked in jail, the booking record is transmitted to the California Department of Justice. Consequently, an arrest will noted on a person formal criminal record regardless of the outcome in court. Additionally, once charges are formally filed in court, the department of justice will also be notified and your record will reflect a pending criminal case. If the criminal case results in any finding of guilty (including a plea of guilty or not contest), your formal criminal record will reflect that you have been convicted of resisting arrest.
Is Resisting Arrest Eligible for Expungement in California?
Resisting arrest is eligible for expungement in California under Penal Code 1203.4. If you did not suffer any probation violations, then you are entitled to expunge the conviction as a matter of right. In other words, you cannot be denied an expungement. However, if you suffered a probation violation, then your expungement petition must be filed in the “interests of justice”. This makes the expungement petition discretionary and requires submitting a declaration along with your petition explaining why you should be entitled to the benefits of an expungement.
Contact Us to Schedule a Free Case Evaluation
If you have been arrested or charged with resisting arrest in Orange County, it is important that you speak with a skilled and experienced Orange County criminal defense attorney who frequently handles all types of crimes against police officers. Contact the Law Offices of John D. Rogers today to schedule your free confidential case evaluation.