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California Penal Code Section 148(a) PC: Resisting Arrest

In the state of California, Penal Code 148(a)(1) refers to the crime that is simply known as resisting arrest. However, the law goes much further than simply resisting being arrested by a police officer. It includes additional behaviors as well.

Per the law in California, a person is prohibited from the following acts:

• Resisting arrest in general
• Delaying an arrest
• Obstructing in a situation in which a police officer is trying to make an arrest

These things apply to not only law enforcement officers attempting to arrest you or another person but also to emergency medical technicians (EMTs) when they are performing or trying to perform their normal job duties. It should be known that those duties can include the following:

• Traveling to the scene of an accident or crime
• Conducting interviews with people who are investigating a crime
• Monitoring a suspect of a criminal case who is already in custody

Examples of Resisting Arrest

In the state of California, resisting arrest can include any number of scenarios and behaviors. The following are a few examples:

• Making rude and obscene gestures and comments toward police officers who are attempting to arrest a person in your presence
• Struggling in the grasp of a police officer who is trying to arrest you and place handcuffs on you
• Giving police officers a fake name when they attempt to question you about a crime, regardless of whether or not you committed it

Penalties for Resisting Arrest in California

In California, the crime of resisting arrest is considered and charged as a misdemeanor. Penalties for committing this crime may include the following:

• Spending up to one year in jail
• Being fined a fine of up to $1,000

Possible Legal Defenses for Resisting Arrest

Although the crime of resisting arrest can certainly seem like a minor one, it is still important to hire a criminal defense attorney to represent you in your case. Even though the crime is charged as a misdemeanor, it can still negatively impact your life in the future. The following are possible defenses your attorney can argue in court to have the charges against you diminished or even dismissed:

• You acted in self-defense in resisting officers who arrested you
• You were falsely accused and should not have been arrested
• Your arrest was unlawful and the police were engaging in misconduct

What is the Legal Definition of Resisting Arrest in California?

In the state of California, there are generally three factors that determine the definition of “resisting arrest.” Those factors are also known as the elements of the crime. For a person to be found guilty of resisting arrest, the prosecution is required to prove the following things:

• A police officer, peace officer, public officer or EMT was performing their normal duties as they are supposed to
• You interfered, resisted, delayed or obstructed that officer from performing their rightful duties
• You should have reasonably known that the officer was legally permitted to perform those duties and that they were performing them at the time of the incident

A person must willfully act in a manner that interfered with police or other officers from performing their work. This means you interfered, obstructed, resisted or delayed on purpose. It doesn’t even matter if you were not intending to break the law or hurt anyone else.

Usually, resisting arrest involves some sort of physical action on the part of the defendant. However, in some cases, it can even involve verbal actions that can obstruct, delay or resist an officer from performing their duties.

Example of Verbal Action Obstructing an Officer

A security guard in a store at a mall notices a person shoplifting. The security guard calls out to the young woman, who ends up giving him a fake name to resist being arrested once the police show up and take her to the police station. Later, however, while running her fingerprints through the system, they learn of her true identity.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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