In California, it is illegal to block, resist, or delay law enforcement and emergency medical technicians (EMTs) as they perform official and lawful duties. Any of 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 was resisting arrest as part of a criminal charge.
A Los Angeles DUI lawyer can explain the law’s definition and what it means for individuals with DUI cases. When a DUI case defendant is charged with resisting arrest, our criminal defense law firm can dispute the charge and view the actions by police to see if they made a lawful arrest. If you or a loved one is facing charges in a resisting arrest case, you can call our team and explore your legal options during an initial consultation.
What Does It Mean to Resist Arrest in California?
The following criteria must be met for a person to be charged under CA Penal Code 148 – Resisting Arrest:
- An individual intentionally prevents or delays a police officer from arrest or detainment. Physically holding back a police officer during an arrest or blocking their path are examples of this.
- An individual does not comply with a police officer’s request.
- An individual attacks and/or harms a police officer.
Penalties for Resisting Arrest From Law Enforcement in California
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 of resisting arrest, a prosecutor must prove their case. If they cannot, the charge may be dropped.
The defendant in a resisting arrest case can receive probation rather than jail time. However, a judge can decide after reviewing various factors, including the severity of the criminal offense, the circumstances of the arrest, and the person’s criminal history.
Who Does CA Penal Code 148 – Resisting Arrest Protect?
The statute applies to:
- Police officers
- Public officers
- Sheriffs
- Peace officers
- Paramedics
It does not apply to private security officers, such as college campus security officers or mall security officers.
How Can a Person Resist Arrest in California?
The definition of resisting arrest in California is vague. Several examples highlight when people can be charged with resisting arrest in California, such as when:
- An individual pushes a law enforcement 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 or misleading information about someone’s whereabouts.
- An individual tries to distract a police officer who is guarding a suspect.
- An individual tries to grab a police officer’s weapon.
Our DUI criminal defense attorney in Los Angeles helps defendants who face a resisting arrest charge for various reasons. We will look at the facts surrounding a defendant’s charge and determine if they had a lawful arrest.
From here, the lawyer can explore ways to contest a prosecutor’s evidence and witness testimony.
What Does Resisting Arrest Look Like in California DUI Cases?
Some individuals who are stopped on suspicion of driving may react negatively upon learning or realizing they face arrest. They could engage in actions that could be interpreted as resisting, delaying, or blocking an officer who is performing their official duties.
Common scenarios where resisting arrest charges might accompany DUI charges include:
- Physical resistance: An individual might physically resist being handcuffed or getting into a police vehicle.
- Verbal resistance: Verbally threatening an officer or failing to follow commands during a DUI arrest can lead to additional charges.
- Fleeing the traffic stop scene: Attempting to drive away or fleeing on foot when an officer initiates a DUI stop can also lead to resisting arrest charges.
Factors contributing to these charges in DUI cases can include:
- High stress or anxiety: The stress and fear of arrest can cause unpredictable reactions.
- Impairment: Alcohol or drugs can impair judgment, making individuals more likely to resist arrest.
- Lack of awareness: Intoxicated individuals might not be fully aware of their actions or the legal consequences of resisting arrest.
People must be aware of the potential for these additional charges in DUI cases, as they can complicate the legal situation and lead to harsher penalties if convicted.
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 this individual performed any of these actions as law enforcement performed official duties. Also, the prosecutor must verify the defendant reasonably knew that their actions were disruptive to the police officer.
A prosecutor has the burden of proof to establish that the arrest process was carried out properly. They must 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 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?
It can be challenging to defend against a resisting arrest charge in California. 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 defendants needed to protect themselves against the officer, they could argue that their attempt to resist arrest was an act of 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.
In these cases, the defendant’s use of force must be kept up with the perceived threat. It must not exceed what a reasonable person would consider necessary under the circumstances. Additionally, their case must clearly show the individual sincerely believed they were in imminent danger of unlawful harm and that this belief was reasonable based on the circumstances.
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.
The elements of the situation must be addressed, such as whether the officers were in uniform if the officers identified themselves, and if their behavior was consistent with that of a police officer.
Witness statements, camera footage, and expert witnesses who know standard law enforcement procedures in California can all serve as evidence that our attorneys can use when crafting a defense strategy.
Mistaken Identity
There can be times when a defendant is mistaken for someone else, which could prompt them to think they are being unlawfully detained or targeted without just cause. If they engage in self-defense, the defendant can face a resisting arrest charge.
The defendant may even be able to prove someone else was resisting arrest. An individual may be able to claim self-defense in mistaken identity cases.
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. 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 lawyer who understands various legal strategies. They can identify the legal strategy to use to contest their client’s DUI arrest and related charges.
How Should I Respond if I’m Charged With Resisting Arrest in California?
Here are things a person should do following a charge of resisting arrest in California:
Stay 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 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 or has handled resisting arrest cases. Our lawyers can look at a defendant’s case and develop a legal strategy to get their resisting arrest charge removed or reduced.
Collect Evidence and Witness Testimony
Gather evidence and witness testimony to challenge a resisting arrest charge. Make sure all evidence 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
Your defense should explain why a prosecutor’s resisting arrest case is inaccurate. A defendant can give their side of the story in a resisting arrest case to explain to a judge or jury why the case should be dismissed.
Call Us Today for Help in a Resisting Arrest Charge in California
Our Los Angeles DUI attorney understands CA Penal Code 148 – Resisting Arrest and all it encompasses. You can partner with our DUI lawyer in Los Angeles 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.
We will seek the best outcome in your situation. For more information, call or contact us online today for a confidential consultation.