California Penal Code § 148
Under California Penal Code § 148 every person who willfully resists, delays or obstructs any public officer, peace officer, or an emergency medical technician in the discharge or attempt to discharge any duty of his or her office or employment can be found guilty or resisting. Delaying or obstructing a peace officer.
California Penal Code § 243 (c) 1
California Penal Code § 243 (c) 1 defines Battery on a Police Officer as any battery committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties. For you to be charged with either of these offenses you would have to have some unwanted contact with either a police officer or an EMT. This conduct can range from delaying an arrest by not complying with the officer’s demands up to engaging in a physical altercation with a peace officer. A battery does not need to be a punch or a kick, it could be any unwanted and willful contact.
This charge is considered a “Wobbler,” which means that the District Attorney has the option to file it as either a felony or a misdemeanor. The District Attorney will consider the facts of the incident in what to charge. The more aggravated the conduct, or if there were injuries to the officers, the more likely the case will be filed as a felony. Depending on the nature of the incident, these types of offenses could be charged either as a misdemeanor or a felony. A misdemeanor conviction of Resisting Arrest or Battery on a Police Officer carries a maximum sentence of a year in County Jail and a $1,000.00 fine. If you are charged with a Felony Battery on an Officer, you could face a State Prison Sentence of 16 months, 2 years or 3 years.
Law Offices of David S. Chesley, Inc. has been successful in meeting with the District Attorneys prior to filing and providing them with positive information on behalf of our clients. Positive information that can make the difference between a felony or a misdemeanor or the case not being filed at all. We have handled hundreds of such cases with incredible results, ranging from dismissals to acquittals at trial.
Law Offices of David S. Chesley, Inc. has been successful in getting the background records of the officers that were involved in your case. By filing Pitchess motions, the Law Offices of David S. Chesley, Inc. is able to secure any past complaints filed against that officer and use them in your case. Pitchess motions are a great tool in negotiating and resolving your case.