“Resisting Arrest: California Penal Code 148”
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Resisting Arrest
When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. People who have committed no crime suddenly find themselves facing bogus criminal charges. In the African-American, Latino and Asian communities, citizens are all too familiar with “resisting arrest” charges.
Resisting arrest is when you 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. The crime most frequently gets charged in a situation where a police officer goes to arrest someone, and the person struggles physically to avoid being taken into custody. Police then have to apply greater force to subdue the suspect.
According to California Penal Code § 148, Resisting, Delaying, Obstructing Officer or Emergency Medical Technician, is when a person “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…”
California Penal Code § 243 (c) 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…”
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 depending on the nature of the incident. A misdemeanor conviction of Resisting Arrest or Battery on a Police Officer carries a maximum sentence of a year in County Jail and a $1000.00 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.
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.
Domestic Violence
Domestic violence is one of the most commonly reported in California and every year hundreds and thousands of domestic crime cases are registered.
Assault and Battery
Assault and battery are often charged together, but these are not interchangeable criminal offenses.
Assault with a Deadly Weapon
Being charged with aggravated assault (also known as assault with a deadly weapon), is a serious criminal charge.
Resisting Arrest
When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. People who have committed no crime suddenly find themselves facing bogus criminal charges.
Criminal Threats
A criminal threat is often referred as ‘terrorist threat’ in California even though the statute no longer uses this term to define the offense.
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Recent Results
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Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
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Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
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Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
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Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
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Client’s estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
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Police allegedly discovered 3 bags of marijuana in client’s glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
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Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
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Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
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