In California, it is illegal to block, resist, or delay law enforcement and emergency medical technicians (EMTs) as they perform official and lawful duties. These acts are punishable crimes under CA Penal Code 148 – Resisting Arrest. The law can also apply to Los Angeles DUI cases, as a police officer may claim an individual resisted arrest as part of a criminal charge.
A lawyer can explain the law’s definition and its implications for individuals with DUI cases. An attorney can also give you more information about California’s penal codes.
What Does It Mean to Resist Arrest in California?
A person can face charges under CA Penal Code 148 – Resisting Arrest if they meet the following criteria:
- An individual intentionally prevents or delays a police officer from arresting or detaining someone. Physically holding back a peace officer during an arrest or blocking their path are examples of this.
- An individual does not comply with a peace officer’s request.
- An individual attacks and/or harms a peace officer.
You can learn more about Section 148 of California’s Penal Code with a skilled criminal defense attorney.
Who Does CA Penal Code 148 – Resisting Arrest Protect?
The statute applies to:
- Police officers
- Public officers
- Sheriffs
- Peace officers
- Paramedics and emergency medical technicians
It does not apply to private security officers, such as college campus security officers or mall security officers.
Penalties for California Penal Code 148 Convictions
A person charged with the misdemeanor offense of resisting arrest in California can face up to one year in a county jail, a fine of up to $1,000, or both. Before a person is found guilty under California Penal Code 148, a prosecutor must prove their case. If they cannot, the court may drop the charge.
In a PC 148 case, the defendant can receive probation rather than jail time. Sometimes, individuals may have to complete community service.
How Can a Prosecutor Prove a Person Resisted Arrest?
To prove a person resisted arrest, a prosecutor must show that the person willfully restricted, obstructed, or delayed a police officer. The prosecutor must prove that this individual performed any of these actions while law enforcement was performing official duties.
A prosecutor has the burden of proof to demonstrate that the police conducted the arrest process properly. They must present evidence and witness testimony to show that a defendant is guilty of resisting arrest. If the prosecutor is successful, it may be clear to a judge or jury that a defendant should receive punishment for violating CA Penal Code 148.
In a Los Angeles DUI case, a defendant can dispute an allegation of resisting arrest. A DUI attorney in Los Angeles knows the legal landscape, so they can look for ways to raise doubts about any evidence or witness testimony that a prosecutor provides.
How Can I Defend Against a Resisting Arrest Charge in California?
Defending against a resisting arrest charge in California can be challenging. However, several legal defense options are available, including:
Self-Defense
Defendants can claim a police officer tried to use excessive force, which is unreasonable for the situation. At this point, if the defendants needed to protect themselves against the officer, they could argue that their attempt to resist arrest was lawful self-defense.
For example, if an officer begins to use tear gas in a situation that clearly does not warrant such force, an individual might have grounds to claim self-defense if they attempt to block the officer’s use of tear gas.
Lack of Knowledge That the Individual Was an Officer
To use this defense, a defendant must prove they did not know or had no reasonable way of knowing under the circumstances that they were dealing with a police officer.
Witness statements, camera footage, and expert witnesses who know standard law enforcement procedures in California can all serve as evidence that attorneys can use when crafting a defense strategy against California Penal Code Section 148 charges.
Mistaken Identity
There may be times when a defendant is mistaken for someone else, leading them to believe they are being unlawfully detained or targeted without just cause. If they engage in self-defense, the defendant can face a resisting arrest charge.
Lack of Evidence or Witness Testimony
A prosecutor may rely solely on a police officer’s testimony as part of a resisting arrest charge. The prosecutor may also lack evidence or witness testimony that proves beyond a reasonable doubt that the defendant was resisting arrest.
How Lawyers Handle California Penal Code Section 148 Charges
An attorney may use several defense strategies to handle criminal charges under PC 148. For example, a criminal defense attorney may work to get the charges dropped by arguing that the police arrested someone without probable cause.
A lawyer may also secure a plea bargain from the prosecution, reducing the criminal charges a client faces. However, taking a plea deal requires an individual to admit guilt to another charge, which will appear on their criminal record. In other cases, an attorney can represent a client in court.
How to Respond When Charged With Resisting Arrest in California
After an arrest, you should:
Stay Calm
You should resist the urge to make a rash decision; otherwise, you could decide to accept a plea bargain and accept partial or full responsibility for resisting arrest without considering other options. Instead, review the Penal Code § 148 charge closely and take notes that can help with building your defense.
Contact a Criminal Defense Lawyer
Reach out to a criminal law attorney or law firm that handles resisting arrest cases. Lawyers can review your case and develop a legal strategy to have a Penal Code § 148 charge removed or reduced.
An attorney can gather evidence and witness testimony to challenge a resisting arrest charge. A lawyer can make sure all evidence is credible and logical and find witnesses who provide insights into why a defendant should not be charged under Penal Code § 148.
Your defense should explain why a prosecutor’s resisting arrest case is inaccurate. A lawyer can give your side of the story in a resisting arrest case to explain to a judge or jury why the case should be dismissed, and you should not face time in county jail or other penalties.
Call Us Today to Learn More About PC 148
Our team at Los Angeles DUI Attorney understands CA Penal Code 148 – Resisting Arrest and all it encompasses. We can put you in touch with a criminal defense law firm to explore legal strategies for your case.
Prosecutors may be aiming to give you the maximum punishment, and an arrest, conviction, or a DUI could ruin your life.
A lawyer can seek the best outcome in your situation. For more information, contact us to be connected with an attorney for a free consultation.
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