California Penal Code 148(a)(1) PC—commonly referred to as resisting arrest—makes it a crime to obstruct, resist, or delay a law enforcement officer or emergency medical technician (EMT) while they are performing their official duties.
These charges are more common than many people realize, and even a misdemeanor conviction can result in jail time, fines, and a criminal record that may continue affecting future opportunities.
If you have been accused of resisting arrest, Silver Law Firm is here to help and has served over 10,000 clients. Reach out to us today for a free consultation of California Penal Code from our team to discuss your legal options. Unapologetic Tenacity.
What Is Considered Resisting Arrest Under California Law?
Penal codes help the legal system define crimes and their penalties. Every state is different, and so California’s penal codes apply to crimes within California. Under California Penal Code § 148(a)(1), it is unlawful to willfully resist, delay, or obstruct a law enforcement officer or EMT while they are lawfully performing or attempting to perform their official duties.
Many people assume that resisting arrest is simply physically resisting arrest or trying to run away from law enforcement, but that’s not the case. For one thing, this law also applies to EMTs, something that many people don’t consider.
And secondly, any action that interferes with a law enforcement officer’s or EMT’s ability to perform their duties may result in a charge under Penal Code 148(a)(1) and could mean legal penalties.
What Exact Actions Can Count as Resisting Under Penal Code 148(a)(1) PC?
The conduct covered by Penal Code 148 is pretty broad, but you can expect the following actions to fall under it:
- Physically struggling while an officer attempts to place handcuffs on you.
- Interfering with an officer who is responding to a crime scene.
- Preventing or obstructing an officer from interviewing a witness.
- Attempting to interfere with police officers who are monitoring or investigating a suspect.
Because the statute is written pretty generally, individuals are sometimes surprised to learn that their actions resulted in criminal charges. Because the statute is broadly written, conduct that delays, obstructs, or interferes with an officer’s or EMT’s lawful duties may result in criminal charges. When in doubt, consider whether your actions are delaying, obstructing, or preventing anyone from doing their job.
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What Does the Prosecution Need to Prove for This Charge in California
For a conviction under PC 148(a)(1), prosecutors must establish that:
- You resisted, delayed, or obstructed a peace officer or EMT.
- The officer or EMT was performing their official duties at the time.
- You knew, or reasonably should have known, that the individual was a peace officer or EMT.
- Your actions were willful.
The term willfully has a specific legal meaning. It does not mean that you intended to break the law or violate someone’s rights. Instead, it simply means that you purposefully performed the act that interfered with the officer or EMT.
Is Resisting Arrest a Felony or Misdemeanor in California?
In most cases, resisting arrest under PC 148(a)(1) is charged as a misdemeanor offense. While misdemeanors are generally less serious than felonies, they can still carry significant penalties and create long-term consequences.
This offense should not be confused with Penal Code § 69, which prohibits resisting an executive officer through threats or force.
Unlike PC 148(a)(1), a violation of PC 69 may be prosecuted as a felony and can result in much harsher penalties.
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Penalties for a PC 148(a)(1) Conviction
Although resisting arrest is typically charged as a misdemeanor, a conviction can still carry significant consequences. A conviction can lead to several criminal penalties, including:
- Up to one year in county jail.
- A fine of up to $1,000.
- Summary (misdemeanor) probation.
- Court-ordered counseling programs.
- Community service requirements.
In some jurisdictions, prosecutors may exercise discretion when deciding whether to pursue these cases. For example, the Los Angeles County District Attorney generally does not prosecute standalone PC 148 cases unless the defendant is a repeat offender within the previous 24 months, used physical force against an officer, or is facing another prosecutable criminal offense at the same time.
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Typical Legal Defenses to PC 148(a)(1) Charges
An experienced criminal defense attorney can evaluate the facts of your case and identify defenses on your behalf. Here are some general defenses that are available with these types of cases:
You Did Not Act Willfully
One common defense is that the act was not intentional. If actions were not deliberate, prosecutors may have difficulty proving the required element of willfulness/intent.
You Were Falsely Accused
A defense attorney can challenge any allegations using evidence such as witness testimony, surveillance footage, body-camera footage, surveillance video, or other recordings, when possible.
The Officer Lacked Probable Cause
The Fourth Amendment protects you and others from unreasonable searches and arrests. Depending on the circumstances, an attorney may be able to challenge the legality of a stop, search, or arrest.
Get Help After a Resisting Arrest Charge in California
A resisting arrest charge can feel overwhelming, but you don’t have to figure out the legal steps alone. There may be defenses available based on the facts of your case, the officer’s conduct, or the arrest itself.
The sooner you speak with an attorney, the sooner you can begin building a strategy to protect your rights and future.
Silver Law Firm has extensive experience defending clients against misdemeanor and felony criminal charges throughout California. If you have been arrested or charged under PC 148(a)(1), contact our team today for a free phone consultation. We produce results.
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