What is the Crime of Resisting Arrest Under California Penal Code 148(a)(1)?

Not Every Struggle Is a Crime: How to Defend Yourself Against PC 148(a)(1) Charges

If you’ve been charged with resisting arrest in California, you may be confused about what this offense actually entails. Penal Code 148(a)(1) PC makes it a crime to willfully resist, delay, or obstruct law enforcement or emergency medical personnel in the discharge of their duties. Let’s break down the key elements of this offense.

Elements of Resisting Arrest Under PC 148(a)(1)

To convict you of resisting arrest, the prosecution must prove the following elements beyond a reasonable doubt:

1. The complaining witness was a peace officer or EMT lawfully performing or attempting to perform their duties;
2. You willfully resisted, delayed, or obstructed the officer or EMT in the performance of those duties; and
3. When you acted, you knew or reasonably should have known that the complainant was a peace officer or EMT engaged in those duties.

So what does this mean in practice? Here are a couple of examples to illustrate:

Clear-Cut Resisting Arrest

Let’s say you’re pulled over for suspected DUI. As the officer tries to handcuff you, you begin flailing, screaming, hitting, and trying to run away. This would likely be considered resisting arrest because:

• The complainant was a police officer performing a lawful arrest
• You intentionally resisted the arrest through physical force and uncooperative behavior
• You knew the person arresting you was an officer

Potentially Disputable Resisting Arrest

Now imagine you’re walking down the street when someone suddenly grabs you. Startled, you try to pull away and take a swing at the person. You later find out the individual was an officer trying to arrest you for an unrelated crime you weren’t aware of. You’re then charged with resisting arrest.

In this scenario, two elements are clearly met – the complainant was an officer, and you intentionally resisted. But the third element is in question. If you can show you did not know and had no reason to know the person grabbing you was an officer, you may have a defense to the resisting arrest charge. The prosecution would need to prove you had such knowledge.

Penalties for Resisting Arrest in California

Resisting arrest under PC 148(a)(1) is typically a misdemeanor, punishable by:

• Up to 1 year in county jail, and/or
• A fine of up to $1,000

However, if your resistance resulted in serious bodily injury or death to an officer, you could face felony charges and up to 4 years in prison.

Possible Legal Defenses to Resisting Arrest

An experienced criminal defense attorney can analyze the facts of your case to determine which legal defenses may apply. Some common defenses to resisting arrest include:

• Lack of knowledge the complainant was an officer
• The officer was not lawfully performing their duties
• Self-defense or defense of others
• False accusations or misunderstandings

Every case is unique, so it’s crucial to consult with a lawyer who can identify the best strategies for your specific situation.

Get Help With Your Resisting Arrest Charges

If you’ve been charged with resisting arrest, don’t try to handle it on your own. The penalties can be serious and a conviction can impact your criminal record. An experienced resisting arrest attorney can protect your rights and fight to get your charges reduced or dismissed.

At The Nieves Law Firm, we can investigate your arrest to determine if police acted improperly or your rights were violated. Call us today for a free consultation. We’re here to help you navigate these stressful charges.