California Penal Code 148(a), more commonly known as resisting arrest, is a law that prohibits individuals from willfully resisting, obstructing, or delaying a peace officer or emergency medical technician in the performance of their duties. This blog article will delve into the nuances of PC 148, providing examples, discussing potential penalties, and exploring common defenses that can be used in court. If you find yourself in a situation where you are facing charges under PC 148, it is crucial to consult with an Orange County criminal defense lawyer who can help protect your rights and navigate you through the legal process.
Examples of Resisting Arrest under PC 148
Resisting arrest can take various forms. Here are a few examples of situations that may lead to charges under California Penal Code 148(a):
1. Physical Resistance: This occurs when an individual uses physical force to resist an arrest, such as pulling away from an officer, pushing or striking an officer, or engaging in a physical altercation.
2. Verbal Resistance: Resisting arrest does not always involve physical force. It can also include verbally challenging or obstructing an officer. This might involve using offensive language, making threats, or attempting to incite a crowd against law enforcement.
3. Passive Resistance: Passive resistance refers to behavior that does not involve physical force but still hinders an officer’s ability to perform their duties. This can include intentionally going limp, refusing to follow instructions or walk, or intentionally impeding an officer’s movement
Penal Code Section 148(a) reads:
“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.”
Penalties for Resisting Arrest
The penalties for resisting arrest vary depending on the circumstances and the seriousness of the offense. In general, resisting arrest is considered a misdemeanor in California, punishable by:
1. Up to one year in county jail,
2. Fines of up to $1,000, or
3. Both jail time and fines.
However, if the resistive behavior involves the use of violence or threats of violence, it can be charged as a felony offense. Felony charges carry more severe penalties, including increased jail time and higher fines. Additionally, a felony conviction can have long-lasting consequences, impacting future employment opportunities, housing, and more.
Defenses to PC 148 Charges
When facing charges under PC 148, several defenses can be raised in court by a skilled Orange County criminal defense attorney. It is important to remember that the circumstances surrounding each case are unique, and only an experienced criminal defense lawyer can evaluate the best defense strategy. Here are some common defenses that can be used:
1. Lack of Willfulness: To be convicted under PC 148, it must be proven that you willfully resisted arrest. If your actions were accidental, involuntary, or caused by a medical condition, this defense can be raised.
2. Lawful Arrest: If law enforcement did not have probable cause or did not follow proper arrest procedures, it may be possible for your Orange County criminal defense attorney to challenge the legality of the arrest itself.
3. Excessive Force: If you believe that the officer used excessive force during the arrest, it may be possible for your criminal defense attorney to raise this as a defense. However, it is essential to gather evidence to support this claim.
4. Mistaken Identity: In some cases, individuals may be mistakenly charged with resisting arrest. If you can provide evidence that you were not the person the officer intended to arrest, this defense can be raised.
Consulting With an Orange County Criminal Defense Lawyer
Navigating the legal system can be overwhelming, especially when facing charges under California Penal Code 148(a). Consulting with a knowledgeable Orange County criminal defense lawyer is crucial to ensure your rights are protected and the best possible defense strategy is utilized. They can analyze the details of your case, gather evidence, and represent your interests in court.
Conclusion
Resisting arrest charges under California Penal Code 148(a) can have serious consequences. Understanding the examples of resistive behavior, potential penalties, and available defenses is essential for anyone facing such charges. Remember, seeking legal advice from a criminal defense lawyer can make a significant difference in the outcome of your case.