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Our attorneys have experience in handling resisting arrest cases in Southern California. If you or someone you know has been charged in Southern California with resisting arrest, we can help.
The applicable law in this situation is California Penal Code section 148, which states:
California Penal Code (CPC or PC) section 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.”
Under the law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician, in performing his/her duties, shall be punished by a fine of up to $1,000, or up to one year in a county jail, or both, if charged as a misdemeanor. If “great bodily injury” occurs to a police officer, then the case can be charged as a felony, making the maximum go up substantially – to three years in prison and a fine of over $2,000.00.
This misdemeanor most often gets charged in situations where a police officer goes to arrest someone, and the person struggles physically to avoid being taken into custody. Police then have to apply force to restrain the suspect. Essentially this means that anything that prevents an officer from conducting an investigation and making an arrest qualifies as “resisting arrest.” Other examples would include providing a false identity to an arresting officer or filing a false police report.
Many of these cases involve a police officer's word against a suspect's word. In these instances, defense attorneys will want to conduct a "Pitchess Motion" to see the entire personnel and complaint history of the officer. It may turn out that the officer has been accused in the past of excessive force and making false accusations against suspects. If so, the defense can use this to challenge the officer's credibility, and often get the resisting arrest case reduced or dismissed.
If you or a loved one has been charged with resisting arrest, it is vital that you get professional representation from an experienced attorney immediately to protect your rights. The attorneys at Robert Miller and Associates provide clients with sound advice and practical legal representation. Let us advocate on your behalf.Contact us toll free at (877) 568-2977 today.
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