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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.

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I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
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I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
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I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
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I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
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