You can be charged with resisting arrest under Penal Code Section 148 or Penal Code Section 69, if you willfully resist, delay or obstruct a police officer, emergency medical technician or any “public officer” who is legally attempting to do their job. This crime is usually charged as a misdemeanor; however, in certain circumstances, it is chargeable as a felony.
Resisting arrest charges often appears in cases where the defendant was injured during the arrest and claims that he was the victim of excess force by a police officer. Sometimes, if the defendant has sustained serious injury, the District Attorney will attempt to have the defendant admit there was probable cause for resisting arrest”, in exchange for an agreement that the charges will be dismissed. However, doing so may make it difficult for the defendant to successfully bring a civil suit against the police for damages for their injuries.
If you have been charged with resisting arrest under Penal Code Section 148 PC, your experienced criminal defense attorney may be able to argue:
- that the charge is fabricated and thus, you are factually innocent
- that your underlying arrest was wrongful, unlawful or invalid
- that you were acting in self-defense or defense of others
If you have been charged with resisting arrest or a similar crime, please call Robbi Cook at 510-208-5051 for a free consultation.