It is unlawful to resist, obstruct or delay an arrest in California. The criminal court judge could jail or fine you. California PC 148 outlines the crime, its elements, and the potential penalties. The state has extremely harsh penalties when you are guilty of delaying, resisting, or obstructing an arrest. The government knows that when the citizens fail to respect the public officers, EMTs, or peace officers, this will interfere with their duties.
Sometimes, the prosecutor may wrongly accuse you or exaggerate the charges. If this is your case, you want to seek legal help from an experienced and aggressive criminal defense attorney. The attorney will help you learn how the law works, the elements of the crime, the legal penalties, and the available options to fight the charges.
The Legal Meaning of Resisting an Arrest in California
According to California laws, resisting an arrest involves unlawful acts where you obstruct, delay the police, or resist or delay an emergency medical group from performing their duties. The duties include the acts linked to their works and arrests.
According to California PC 148(a), when you resist an arrest from an emergency medical technician or police officer in their line of duty, you can face charges for delaying an arrest from the officials. When you resist an EMT from accessing a patient, the officer can file charges against you.
As per the law, you cannot face conviction unless the court finds you guilty of the crime. The prosecutor and the law enforcement officers must prove you resisted or obstructed an arrest. The main elements of the crime include:
You had the Intent to Fight Back, Delay, or Foil an Official from Performing Their Duties
According to this element, essential terms are intent and consciousness. You do not necessarily need to know whether your acts were illegal for the court to find you guilty. You are subject to PC 148 charges when your acts are intentional. Also, when you accidentally conduct yourself in a way that delays a law enforcement officer from performing their lawful duties. Then you are not guilty of the crime.
The terms obstruct, delay, or resist might sound vague. So, the prosecutor has to show your actions amounted to delaying, obstructing, or resisting arrest. Also, they must show you physically fought, hid, or ran away from the arresting officers.
Again, a third party can end up behind bars even when the person has not committed the crime, but the arresting officers feel their actions resisted or delayed the arrest. The third party is guilty when they jeer or swear and threaten the safety of the arresting officer. The actions, however, will not amount to resisting an arrest if they do not threaten the officer.
You Knew or Ought to Have Known Your Acts Interfered with the Lawful Duties of the EMT Officer
The prosecutor must show that you knew the arresting officer was executing their duties. The court makes the final decision on whether you knew the officer was performing their lawful duties. For example, you are on your phone while driving your vehicle and fail to notice that law enforcement officers are pursuing you.
Under this case, the criminal court can still find you guilty even when unaware of the pursuing officers. The court will assume that a normal person in a similar situation could have noticed the police were pursuing them.
Not that any interference you perform that can interfere with official duty counts as resisting an arrest. For example, when you prevent the officials from traveling to the crime scene, interfere with officials monitoring a suspect, or prevent them from interviewing witnesses, you will face charges of resisting an arrest.
You are subject to resisting arrest charges when you commit any behavior outlined under California PC 148. Due to technological advancement, California records the law enforcement officers making an arrest and determines whether there is any alteration.
The Victim was Either a Law Enforcement Officer, Public Officer, or EMT Executing their Duties
Before you face conviction for the crime, the prosecutor must show the victim in the crime is a peace officer trying to perform or execute their duties within their job description. The arrest would be illegal if the police officers did anything outside their job description. So, if this is your case, you stand a chance to fight the charge.
Remember, the officer must use reasonable force when making the arrest. When the force applied exceeds what the court considers reasonable force, the officer is no longer performing a legal duty. Therefore when law enforcement officers apply excessive force when arresting you, your attorney can challenge this element.
You can face the charges. For example, when law enforcement officers are called to respond to a crime scene, but you hinder them from accessing the crime site or prevent them from interviewing an eyewitness at the crime scene, you face charges of resisting an arrest.
According to California PC 148(a), you can face the charges even when you partially resisted the arrest. For example, if police are called to the crime scene after the officer determines you as a suspect, you decide to lie down, forcing the law enforcement officers to drag you from the scene. Under this situation, you can face charges for resisting an arrest in a court of law. Lying down is intentional and counts as delaying an arrest or delaying the police from performing their lawful duties.
Essential Evidence in Resisting Arrest Case
The law enforcement officers must have probable cause to arrest the defendant. So, they cannot just craft their evidence to make a reason for the arrest. The defendant has the right to provide any available evidence to help show the conduct of the law enforcement officers is unlawful. The evidence includes:
Police Report
During an arrest, the law requires the police to make a police report. The report consists of the offender and the testimony from the victims. Sometimes law enforcement officers may lie on their reports. However, the evidence from the witnesses can help you fight the charges. As the defendant, you want to speak with your attorney to help you collect enough evidence from the witnesses as early as possible.
Video Evidence
Many police vehicles have dash cams and cameras. So, your attorney can use the evidence from the cameras to know whether the arrest process was smooth or unlawful. Also, you can use evidence from videos recorded by the witnesses during the arrest. The videos will show whether the arresting law enforcement officers applied excessive force. If it is your first-time offense, speak with your attorney to help you gather the evidence.
The Arresting Officer’s Personnel File
When you suspect police misconduct during your arrest, you may request a pitches motion. Once the court approves the motion, you can access the arresting officer’s personnel file. When the file contains a record of police misconduct, the court will more likely consider your case. You may also hire investigators to conduct investigations about the crime.
Plea Bargain
A plea bargain is an agreement between you and the prosecution team. You confess to the commission of the crime in exchange for a less severe charge. Often, you are the one to initiate the process. In rare cases, the prosecution team initiates the process. The prosecutor can only grant plea bargains for disturbing the peace or trespassing if you face resisting arrest charges.
A plea bargain deal is good since it is cheap and reduces the possibility of embarrassment. A plea bargain deal can be the best option if you are not available. Note the prosecution team cannot easily grant the plea bargain deal unless they feel they will not win the case. So, your attorney should make the offer, and once the prosecutor agrees, they will lower the alleged charges to the less severe offense.
Plea deals are usually time-consuming. Your attorney must convince the court that you must face charges of a different crime. The attorney can claim you were provoked, you do not have a criminal history, and it is in the best interest of justice.
Possible Penalties for Resisting an Arrest
The potential penalties for resisting an arresting change are based on different factors. For example, the charges vary depending on the nature of the offense and past criminal records. Remember, every case is unique and comes with different penalties. The following are the legal penalties you face after committing the offense:
Misdemeanor Resisting Arrest
Sometimes you might face misdemeanor charges for resisting an arrest. You face the charges when the resistance does not involve harm or threats to the victims. For example, you face misdemeanor charges when you escape an arrest by fleeing on foot. Other instances include:
- Pulling away from the officer's grip.
- Refusing to accept a citation.
- Blocking an officer from making an arrest.
Felony Resisting Arrest
You face felony charges when you threaten or act violently toward the officer. Also, fleeing in a vehicle may amount to a felony charge. The felony penalties vary based on the risk or level of harm involved. For example, threatening an officer without injuring them is a low-degree felony attracting a possibility of a few years in jail. However, fleeing in a vehicle after resisting arrest may attract felony charges, like a jail term of up to 10 years.
How to Fight Resisting an Arrest Charge
Sometimes you might find yourself against the law whether you knew you were resisting the officers. The court will follow the law to the letter. However, you can evaluate your case and develop strong defenses to fight the charge. First, you must hire a well-competent criminal defense attorney to provide legal help throughout the legal process. The following instances can help you fight the charge:
No Probable Cause
The law requires the arresting officers to have probable cause before they make any arrests. So, an arrest is illegal if the arresting officers lacked probable cause. It means even when you obstruct, delay or resist an arrest, you are not guilty of violating California PC 148. Also, when the officials commit illegal activity while making an arrest, like unlawful searches, even if you delay or resist the arrest, you are not guilty of the crime.
It is against the law for the arresting officers to enter a building and conduct searches without an arrest warrant. The prosecutor must have supporting evidence to show the arrest was legal. The other option for the police to arrest you is when they have probable cause.
Remember, probable cause is considered when the arresting officer is sober and believes the arrestee has committed criminal activity. Also, illegal arrest means the collected evidence is inadmissible. The prosecutor may decide to drop the charges or offer a plea bargain deal.
If this is your case, your attorney should present evidence to show the arresting officers engaged in police misconduct. Once you present the evidence, the prosecutor will consider offering a better plea bargain.
Self-Defense
The law requires law enforcement officers to apply reasonable force when making an arrest. You can fight the charge when the police use excessive force during your arrest. However, the law sets particular standards for fighting back the arrest. The law considers the force excessive when a sober person in a similar situation could resist the arrest.
If this is your case, your attorney can argue you were acting in self-defense or defense of others. You also want to provide supportive evidence to prove you were acting in self-defense. Once the judge is convinced that you were acting in self-defense, they will either drop the case or reduce the charges.
Insufficient Evidence
Another defense you can use to fight the charges is the lack of sufficient evidence. Evidence is all that matters in many criminal cases. The prosecutor and the law enforcement officers might be overconfident in their work but need more evidence to convict you. It could also be a mistake, remaining at the wrong place at the wrong time.
Before you face the conviction, the police and the prosecutor must present enough evidence before the court. Your attorney should also investigate the credibility of the provided evidence. When your attorney finds the prosecutor's evidence incredible, the criminal court judge will not use the evidence against you. If the court discovers the prosecutor and the peace officers lack enough evidence, they will more likely drop the case or reduce the charges.
False Accusations
The arresting officers may falsely accuse you of the crime to cover their behaviors. Other officers may bring false allegations because of racial profiling or because the officers hate you. Again, you may face the allegations because you asked the officers to explain your arrest. The officers may think you are rude and then falsely accuse you. Also, you might face false allegations because of jealousy or revenge.
If you strongly believe the law enforcement officers falsely accused you, you want to discuss your situation with your criminal defense attorney. You can use evidence from the eyewitness or body cam footage to prove you're a victim of false accusations. Start by filling out a pitches motion with the help of your attorney. Once the court is convinced that you were falsely accused, they will drop your charges or offer a plea bargain option.
No Willful Act
Remember, one of the main elements of the crime is your intent to commit the crime. Therefore your behaviors and acts should be willful and intentional. Proving intent is one of the main challenges the prosecutor faces. Also, proving you had no willful acts or intent to commit the crime is challenging. Working closely with a well-skilled and experienced criminal defense attorney would be best. The attorney will help you gather essential evidence to help fight the charges.
How an Attorney Can Help You
It is essential to work with a well-skilled and experienced attorney when charged with resisting an arrest in California. You want to ensure the charges were not made because the law enforcement officer wanted to justify using force against you. These situations are common in the state.
That’s why you require the services of an experienced attorney to help you undermine the credibility of the peace officer and help you obtain the best outcomes for your case. Remember, the attorney you work with will highly determine the possible outcomes of the case. An inexperienced attorney would make your situation difficult.
Contact a Los Angeles Criminal Defense Attorney Near Me
When you face charges for resisting, delaying, or obstructing arrest, you want to understand the law, the potential penalties, and the possible defenses you can use to fight the charges. You want legal help from a competent criminal defense attorney in California. The attorney will evaluate the strength of the case and help you develop robust defense strategies to fight the charges.
At The LA Criminal Defense Law Firm, we do everything possible to ensure the court reduces your charges or drops the case. Our extensive experience has helped us help many people facing similar charges in Los Angeles, CA. Contact us today at 310-935-1675, and we will start working on your case immediately.
