In California, it is a crime to willfully run away from a police officer who is performing their everyday duties. This is considered resisting arrest and is punishable under CA Penal Code 148. It can also apply to Los Angeles DUI cases, as a police officer may claim an individual was resisting arrest as part of a criminal charge.
A Los Angeles DUI attorney can explain CA Penal Code 148 and what it means in DUI cases. If a Los Angeles DUI case defendant is charged with resisting arrest, their attorney can help this individual dispute their charge. Plus, the lawyer can answer common questions about CA Penal Code 148.
What Does It Mean to Resist Arrest in California?
The following criteria must be met for a person to be charged with resisting arrest:
- An individual intentionally does things to prevent or delay a police officer from arrest or detainment.
- An individual does not comply with a police officer’s request.
- An individual attacks and/or harms a police officer.
A person charged with resisting arrest in California can face up to one year in jail, a $1,000 fine, or both. Before a person is found guilty of resisting arrest, a prosecutor must provide proof. If the prosecutor cannot, a person’s resisting arrest charge may be dropped.
What Are Ways that a Person Can Resist Arrest in California?
The definition of resisting arrest in California is vague. There are several examples that highlight times when a person can be charged with resisting arrest in California. These include:
- An individual pushes a police officer who is attempting to apply handcuffs.
- An individual pulls away from a police officer who is trying to escort him or her out of a building.
- An individual gives a police officer a fake name or other false information.
- An individual tries to distract a police officer who is guarding a suspect.
- An individual tries to grab a police officer’s weapon.
A DUI attorney in Los Angeles can help a defendant who faces a resisting arrest charge for any of these reasons or many others. The attorney looks at the facts surrounding a defendant’s charge. From here, the lawyer can explore ways to contest a prosecutor’s evidence and witness testimony.
How Can a Prosecutor Prove a Person Resisted Arrest in California?
To prove a person resisted arrest, a prosecutor must show that a person willfully restricted, obstructed, or delayed a police officer. The prosecutor must prove that this individual performed any of these actions while a police officer was performing their daily work. Also, the prosecutor must verify that a defendant reasonably knew that their actions were disruptive to the police officer.
It is a prosecutor’s responsibility to provide a burden of proof. This requires the prosecutor to present evidence and witness testimony to show 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 be punished under CA Penal Code 148.
In a Los Angeles DUI case, a defendant can dispute an allegation of resisting arrest. The best way to do so: hire a DUI attorney in Los Angeles. This lawyer will 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?
It can be challenging to defend against a resisting arrest charge in California. However, several legal defense options are available, including:
Self-Defense
A defendant can claim a police officer tried to use excessive force. At this point, the defendant needed to protect against the officer. As such, the attempt to resist arrest was an act of self-defense.
Mistaken Identity
There can be times when a defendant is mistaken for someone else. If this occurs, the defendant can inadvertently be charged with resisting arrest. The defendant may even be able to prove that someone else was resisting arrest.
Lack of Evidence or Witness Testimony
A prosecutor may rely solely on a police officer’s testimony as part of a resisting arrest charge. Or, the prosecutor may lack evidence or witness testimony that proves beyond a reasonable doubt that the defendant was resisting arrest. In either scenario, a defendant can dispute the prosecutor’s evidence or witness testimony.
Those who face a resisting arrest charge related to a DUI arrest in Los Angeles can partner with an attorney. Choose a Los Angeles DUI attorney who understands different types of legal strategies. This lawyer can help a defendant identify the ideal legal strategy to use to contest their DUI arrest and any related charges.
How Should I Respond if I Am Charged with Resisting Arrest in California?
Here are things a person should do following a charge of resisting arrest in California:
Remain Calm
Resist the urge to make a rash decision; otherwise, a defendant may be tempted to accept a plea bargain and accept partial or full responsibility for resisting arrest. Instead, review the resisting arrest charge closely. Next, the defendant can start building their legal defense.
Contact a Lawyer
Reach out to an attorney who has handled resisting arrest cases in the past. This lawyer can look at a defendant’s case and help this individual craft their legal strategy. In addition, the attorney will do everything possible to help the defendant get their resisting arrest charge removed or reduced.
Collect Evidence and Witness Testimony
Gather evidence and witness testimony to dispute a resisting arrest charge. Make sure any evidence that is used is credible and logical. Find witnesses who provide insights into why a defendant should not be charged with resisting arrest.
Build and Present Your Case
Deliver an argument that explains why a prosecutor’s resisting arrest case is inaccurate. A defendant can give their side of the story in a resisting arrest case. This argument can make it easy for a judge or jury to understand why the case against this individual should be dismissed.
Contact a Lawyer Today
A Los Angeles DUI attorney understands CA Penal Code 148 and all it encompasses. You can partner with a DUI lawyer in Los Angeles to explore legal strategies to use in your DUI case relating to CA Penal Code 148 and other statutes. For more information, please get in touch with us today.
