Obstruction of Justice (Penal Code § 148) in California

Obstruction Charges Can Seem Minor, But They Can Still Carry Serious Consequences.

California’s Penal Code § 148 is one of the most frequently charged offenses connected to interactions with law enforcement. The statute makes it a crime to resist, delay, or obstruct a public officer, peace officer, or emergency medical technician in the performance of their duties.

At first glance, the law seems straightforward—but in practice, it is often applied in situations where there is confusion, miscommunication, or even lawful resistance to questionable police conduct. Many people charged under § 148 are shocked to learn how easily ordinary behavior—arguing with an officer, moving too slowly, or misunderstanding instructions—can be turned into a criminal allegation.

At The Nieves Law Firm, we take these charges seriously because they can have ripple effects on your record, employment, and future. Here’s what you need to know about what qualifies as obstruction under PC § 148, the penalties involved, and the defenses that may apply.

What Does Penal Code § 148 Prohibit?

Under California law, obstruction of justice broadly covers conduct that interferes with a public officer’s duties. Specifically, PC § 148(a)(1) makes it illegal to:

• Willfully resist an officer or EMT
• Delay an officer or EMT while they are performing their job
• Obstruct an officer or EMT in the discharge of their lawful duties

Importantly, the statute does not require physical force. Words, actions, or omissions that interfere with law enforcement duties can be enough to support a charge.

Examples of Obstruction Under PC § 148

• Running from police during a lawful detention or arrest
• Refusing to comply with repeated lawful commands during an investigation
• Giving false information or a false name to officers
• Interfering with EMTs at the scene of an emergency
• Physically struggling or pulling away during a lawful arrest

On the other hand, simply recording police activity—taking photos or videos in a public space—is not a violation of PC § 148. California law makes it clear that documenting officers, by itself, is not obstruction and cannot be used as grounds for detention or arrest.

Enhanced Offenses Under Penal Code § 148

While subdivision (a) is the most common charge, PC § 148 also includes more serious variations:

Taking or Attempting to Take an Officer’s Weapon (PC § 148(b)–(d))

If a person removes or tries to remove a weapon from an officer during the course of resisting or obstructing, the penalties increase significantly.

• Removing a non-firearm weapon (PC § 148(b)): Up to 1 year in county jail or felony sentencing under Penal Code § 1170(h).
• Removing a firearm (PC § 148(c)): Felony charge, with state prison time.
• Attempting to remove a firearm (PC § 148(d)): Even without success, certain acts (like unfastening a holster strap or partial removal of the firearm) can be enough for conviction.

Interfering with Public Safety Radio Transmissions (PC § 148(a)(2))

Knowingly disrupting or impeding communication over a public safety radio frequency is also punishable under this statute, carrying up to 1 year in county jail and fines of up to $1,000.

Penalties for Obstruction of Justice

Misdemeanor Obstruction (PC § 148(a)(1))

• Up to 1 year in county jail
• Fines of up to $1,000
• Possible probation, community service, or mandated classes

This is the most common charge and often applies in situations involving resisting arrest or interfering with EMTs.

Felony Obstruction (Weapon Involvement)

When weapons are involved, obstruction can become a felony, punishable by:

• 16 months, 2 years, or 3 years in state prison under § 1170(h)
• Higher fines and formal probation
• Additional enhancements if injuries or serious risks are involved

What the Prosecution Must Prove

To convict under PC § 148, prosecutors must establish:

1. The officer, peace officer, or EMT was lawfully performing their duties at the time.
2. The defendant willfully resisted, delayed, or obstructed the officer.
3. The defendant knew or reasonably should have known that the person was an officer or EMT engaged in official duties.

This means that if an officer was acting outside the scope of their lawful authority (for example, making an unlawful arrest or using excessive force), it may be possible to challenge the charge.

Legal Defenses to Obstruction of Justice Charges

At The Nieves Law Firm, we understand how frustrating and unfair these cases can feel. Many clients believe they were simply asserting their rights or protecting themselves, not committing a crime. Common defenses include:

1. Unlawful Arrest or Excessive Force

You have the right to reasonably defend yourself against excessive or unlawful police conduct. If the officer was not acting lawfully, the charge may not stand.

2. Lack of Willful Resistance

PC § 148 requires a willful act of resistance or obstruction. If your actions were accidental, caused by confusion, or due to medical or mental health issues, this can be a strong defense.

3. Insufficient Evidence

Prosecutors must show beyond a reasonable doubt that your conduct met the legal definition of obstruction. Weak testimony, inconsistent reports, or lack of video evidence can all be challenged.

4. False Accusations

Sometimes obstruction charges are filed when an officer feels disrespected or challenged, even if no real obstruction occurred. These cases often come down to credibility, and we know how to expose weaknesses in the state’s version of events.

5. Lawful Exercise of Rights

Exercising your First Amendment right to record police activity or question their actions in a non-disruptive way does not qualify as obstruction.

Why These Charges Matter

Obstruction may seem like a “minor” misdemeanor, but the consequences can be lasting:

• A criminal record for resisting or obstructing can impact employment opportunities.
• It can affect immigration status for noncitizens.
• It can complicate other pending criminal cases, as prosecutors often add obstruction to strengthen their leverage.
• It can be misinterpreted in future legal proceedings as a sign of noncooperation or aggression.

For these reasons, even a first-time PC § 148 charge deserves a serious defense strategy.

How The Nieves Law Firm Can Help

We know that obstruction charges are often more about perception than clear-cut facts. What an officer views as “resisting,” our client may have seen as simply asking questions, moving slowly, or being confused.

At The Nieves Law Firm, we:

• Investigate the circumstances of the arrest and the officer’s conduct
• Gather video, witness testimony, and other evidence to challenge the charge
• Highlight where the officer may have overstepped or acted unlawfully
• Work toward dismissals, reduced charges, or alternative resolutions that protect your record

Charged with Obstruction of Justice in California? Protect Yourself Today.

A charge under Penal Code § 148 can feel minor, but it can affect your future in significant ways. Don’t risk handling it alone. With the right defense, you may be able to avoid a conviction, protect your rights, and move forward without lasting damage.

Contact The Nieves Law Firm today or request a consultation online. We’ll review your case, explain your options, and start building your defense.