Individuals can face charges under CA Penal Code 69 – Resisting an Executive Officer if the police accuse them of using violence or the threat of violence to try to stop law enforcement officers from performing their duty.
A conviction under PC 69 can result in incarceration and fines. Fortunately, you can get professional help after an arrest. A criminal defense attorney can answer your questions about California Penal Codes and possible defenses to these charges.
You can reach out to us if you need advice about handling these charges. We have decades of experience that we can draw on to provide the assistance you need.
The Basics About Resisting an Executive Officer
The police can accuse you of resisting an officer by law under California Penal Code Section 69. Resisting an executive officer does not necessarily mean you are resisting arrest. Instead, it means you are accused of using violence or are imposing a threat of violence to prevent officers from performing their duties.
Resisting arrest under CA Penal Code 148 is a separate offense from the charges that apply under CA PC 69 since resisting an executive officer includes threatening or using violence. Some examples could include:
- Threatening to push a police officer who is attempting to make an arrest
- Preventing government officials from accessing their offices or fulfilling their job duties in any way
Keep in mind that making a video recording of an executive officer does not constitute a violation under Code Section 69.
Elements of the Criminal Offense
For the district attorney to obtain a conviction, they must prove that all the elements of the offense exist. The prosecution must show beyond a reasonable doubt that:
- The defendant used threats of violence to prevent an executive officer from performing their obligations and lawful responsibilities or resisted an executive officer attempting to perform their duties.
- The defendant threatened to or used violence willfully and intentionally.
- The defendant knew the executive officer was performing their lawful duties.
- The executive officer was performing lawful duties at the time of the incident.
Under the law, executive officers can include any government official, including:
- Elected officials
- Police officers
- District attorneys or criminal defense lawyers
- Public defender
- Judges
Criminal charges under CA Penal Code 69 – Resisting an Executive Officer are much more severe than many realize. Unfortunately, even if you have previously dealt with an arrest, you may be unprepared for the severity of the allegations against you.
Fortunately, a skilled attorney can help you focus on your defense.
Penalties for Resisting an Executive Officer
The law states that anyone convicted of making threats or using violence to prevent an executive officer from performing their lawful duties can spend three years in a county jail and pay fines not exceeding $10,000.
However, this is a wobbler offense. The prosecution could charge you with a misdemeanor or felony under CA Penal Code 69. A misdemeanor conviction is punishable by a maximum of:
- $10,000 in fines
- One year in a county jail
- Summary probation
A felony conviction is punishable by a maximum of:
- $10,000 in fines
- Three years in county jail
- Formal probation
You can get legal counsel handling misdemeanor or felony charges from a professional lawyer.
Other Consequences of a PC 69 Conviction
You could face other criminal penalties if the court charges you with PC 69. Resisting an executive officer could be counted as a strike under California’s Three Strikes law, especially if the police accuse you of using a deadly weapon or firearm and claim that the executive officer suffered severe bodily injury or death.
Other potential criminal consequences include:
- Driver’s license suspension
- Community service requirements
- Restitution to alleged victims
Building a solid defense can help you avoid these penalties.
Loss of Firearm Rights
If you are convicted of a felony under California PC 69, you may lose your firearm rights. In California, convicted felons cannot legally own or possess firearms or other weapons.
Citizenship Issues
If you are not a United States citizen, you could be facing deportation or the loss of your green card. Any aggravated felony is considered an inadmissible or deportable crime.
Child Custody and Visitation Problems
If you have children and are in the middle of a visitation or custody dispute, a conviction for resisting an executive officer could have devastating consequences on your family law case. You may lose your child custody or visitation rights or have to deal with supervised visitation.
Common Defenses Against California PC 69 Allegations
You may avoid the criminal penalties and collateral consequences of a Penal Code 69 conviction by clearing your name of the allegations against you. A lawyer could use the following legal defenses to challenge these charges:
The Alleged Victim Was Not an Executive Officer
If the alleged victim was not an executive officer, PC 69 charges do not apply.
You Were Acting in Self-Defense
California’s self-defense laws state that you can defend yourself when law enforcement officers or anyone uses excessive force. Your defense legal team must show that you use reasonable force under the circumstances in question for self-defense to be a viable option.
The Executive Officer Acted Unlawfully
If the public officers were not performing lawful duties at the time of the incident, you could avoid prosecution. The use of excessive force or unlawful detainment could be grounds for the prosecutor to dismiss the charges against you.
A lawyer may use this definition if the executive officer has multiple complaints that show a negative pattern of conduct on their record.
Opportunities for Expungement After a CA Penal Code 69 Conviction
It is crucial to take CA Penal Code 69 – Resisting an Executive Officer convictions seriously. Although you may be eligible for expungement, a guilty verdict could still make your life difficult. To qualify for expungement under Penal Code 1203.4, you must:
- Have completed the terms of your criminal sentence
- No longer be on probation for a criminal offense
- Not face new criminal charges
- Have completed probation requirements
Therefore, you typically cannot qualify for an expungement after a conviction for a felony.
Charges Related to CA PC 69
California uses several charges that relate closely to Penal Code 69. These offenses include:
- CA Penal Code 422 – Criminal Threats
- CA Vehicle Code 2800.1 – Evading Police
- CA Vehicle Code 2800 – Disobeying a Peace Officer
A professional criminal defense team can help you stand up to any of these charges.
Meet With a Lawyer for Help With PC 69 Charges Today
Resisting an executive officer under California Penal Code 69 is a severe offense. Although this may not be considered a violent crime, a conviction can still upend your life. Make sure you have an experienced Los Angeles DUI defense attorney working for you so you can protect your future and clear your name of the charges against you.
Our team can put you in contact with a criminal defense law firm that can provide the dedicated and personalized support you deserve after an arrest.
We‘re here 24/7, so you don’t have to wait or try to face CA Penal Code 69 – Resisting an Executive Officer allegations alone.
