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.
With helpful strategies from an experienced Los Angeles DUI strategies, you could get reduced jail time and start working on your defense promptly so you can put this experience behind you. Contact our team for a confidential case evaluation today and discuss your defense opportunities further.
Instances When Resisting an Executive Officer Charges Apply Under CA Penal Code 69
You can be charged with 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 their performance of duty.
Resisting arrest under California 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 the following:
- 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
It should be noted that recording an executive officer does not constitute a violation under CA Penal Code 69.
Elements of the Criminal Offense
For the district attorney to obtain a conviction, they must prove that the elements of the offense have been met. The elements of the crime under PC 69 include reasonable doubt of the following:
- The defendant used threats of violence or to prevent an executive officer from 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 lawyer
- Public defender
- Judges
Charges Related to CA PC 69
There are several charges related to California Penal Code 69 that you could also be facing. These offenses include:
- Making criminal threats under California Penal Code 422
- Evading a police officer under California Vehicle Code 2800.1
- Battery on a peace officer under California Penal Code 243
What Happens When You Are Convicted of Resisting an Executive Officer
The law states that anyone who makes threats or uses 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. You could be charged 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
Other Consequences of a CA PC 69 Conviction
It would be best if you were also prepared to deal with other criminal penalties. Resisting an executive officer could be counted as a strike under California’s Three Strikes law. This is more likely if you were accused of using a deadly weapon or firearm and 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
Loss of Firearm Rights
If you are charged with and convicted of a felony under California PC 69, you may lose your firearm rights. In California, convicted felons are prohibited from owning or possessing 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 be forced to deal with supervised visitation.
Common Defense 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. Legal defenses that could be used to challenge these charges include:
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. This is particularly true 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 Penal Code 69 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 be facing new criminal charges
- Have completed probation requirements
Meet with a Los Angeles DUI Lawyer for Help with Your Penal Code 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.
Contact our office for a confidential case review today and learn which defenses may be the best option for your CA PC 69 charges. You can reach us through our online contact form or by phone to start today.
