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San Diego Resisting Arrest Attorney

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Resisting Arrest Charges in California

Resisting arrest in California is a serious crime. But many people may not know what constitutes a resisting arrest charge or what to do if they’ve been charged with resisting arrest in California. Sometimes innocent people are charged with resisting arrest. Other times, a person is charged with a felony that could be classified as a misdemeanor.

 

In any case, having the right lawyer on your side can help you navigate the stressful situation you may find yourself in if you’re charged with resisting arrest. The Law Office of Bradley Corbett can help fight your case and answer all of your questions relating to resisting arrest in California. 

What is Resisting Arrest in California?

California Penal Code 148 defines resisting arrest as knowingly impeding, resisting, or hindering a police officer from performing his or her lawful duties. This might be a physical act (like taking a weapon) or a simple refusal to comply with the police officer’s instructions. “Lawful duties” could also relate to other actions besides performing an arrest, such as conducting an interview with a witness or inspecting a crime scene.

 

For a person to be charged with resisting arrest, the following must take place:

 

  • The officer or EMT was lawfully attempting to perform their duties.
  • The person was intentionally resisting or delaying the officer from performing their duties.
  • The person knew that the officer was performing their lawful duty when they resisted or obstructed the act.

 

This penal code is quite vague, causing many people to be wrongly charged with resisting arrest.

Is Resisting Arrest a Felony in California?

Resisting arrest in California is usually considered a misdemeanor crime. So when is resisting arrest a felony in California? If the person has resisted arrest by an executive officer, the charge will be considered a felony. Resisting arrest might also be charged as a felony if the person resisting the arrest attempted to remove a firearm from the police officer, or if the person commits battery on or against the police officer.

Penalties for Resisting Arrest

In the case of a misdemeanor charge, resisting arrest could result in up to one year in county jail and a maximum fine of $1,000. If the charge is a felony, the person could spend 16 months, 2 years, or 3 years in county jail, and be required to pay up to $10,000 in fines. A judge could also require the defendant to do community service or go to counseling. The resisting arrest charge would also be visible to a police officer during a traffic stop or any other future stop.

Hire Bradley Corbett as Your Criminal Defense Attorney

No matter the reason you’ve been charged with resisting arrest in California, Bradley Corbett can help fight your case. Our team has years of experience handling resisting arrest cases in California, and we’re prepared to argue in your defense and get you the most desirable outcome possible in your situation. Contact the Law Office of Bradley Corbett today to find out how we can help you.

Defending Against PC 148 & PC 69 Charges – Resisting Arrest and Assault on an Officer in California

At the Law Office of Bradley Corbett, we aggressively defend individuals charged under California Penal Code 148 (Resisting Arrest) and Penal Code 69 (Assault on a Police Officer). These charges often arise from tense encounters with law enforcement and can result in serious consequences, including jail time and a permanent criminal record. If you or a loved one is facing PC 148 or PC 69 charges in San Diego County, including cases at the Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, or the Downtown Courthouse at 1100 Union Street, you need an experienced criminal defense attorney who understands how to challenge these cases effectively.

Understanding Penal Code 148 – Resisting Arrest

Under PC 148(a)(1), it is a misdemeanor offense to willfully resist, delay, or obstruct a police officer or emergency personnel in the performance of their duties.

Elements of PC 148 – What the Prosecutor Must Prove

For a conviction, the prosecution must establish:
  1. The Officer Was Performing Their Lawful Duties – The officer must have been engaged in a lawful action, such as conducting an arrest or investigation.
  2. The Defendant Willfully Resisted, Delayed, or Obstructed – Any physical or verbal action that interferes with the officer’s ability to do their job can be considered resisting.
  3. The Defendant Knew the Officer Was Performing Official Duties – The defendant must have reasonably known the individual was a law enforcement officer.

Common Scenarios Leading to PC 148 Arrests

  • Refusing to Provide Identification – A person under investigation refuses to comply with an officer’s demand for ID.
  • Interfering with an Arrest of Another Person – A bystander attempts to intervene while police are detaining someone.
  • Running from Law Enforcement – Fleeing on foot or in a vehicle when approached by police.
  • Non-Physical Resistance – Verbal refusal to comply, such as refusing to sit down when ordered.

Understanding Penal Code 69 – Assault on an Officer

Under PC 69, it is a felony to attempt to deter or prevent an officer from performing their duties using force or threats.

Elements of PC 69

To convict under PC 69, the prosecution must prove:
  1. The Defendant Used Force or Threats – Unlike PC 148, physical resistance or an explicit threat is required.
  2. The Target Was a Peace Officer Acting in Their Official Capacity – The officer must have been on duty and performing a lawful task.
  3. The Defendant Intended to Prevent the Officer’s Duty – There must be a deliberate attempt to interfere.

Common Scenarios Leading to PC 69 Arrests

  • Struggling During an Arrest – Physically pulling away, swinging at, or pushing an officer.
  • Threatening an Officer – Verbally threatening harm if the officer continues their actions.
  • Resisting With Force – Attempting to break free from handcuffs or pushing back against officers.

How Body-Worn Cameras Help Fight These Charges

Law enforcement officers in San Diego County increasingly use body-worn cameras to document interactions. These videos often provide critical evidence to expose weaknesses in the prosecution’s case.

How Body-Worn Camera Footage Can Help the Defense

  • Contradicts Officer Testimony – Video may disprove claims that the suspect was resisting.
  • Shows Unnecessary Use of Force – Footage may reveal that the officer escalated the situation.
  • Exposes Unlawful Arrests – If an officer was acting outside their lawful duties, the case may be dismissed.

Defenses Against PC 148 and PC 69 Charges

At the Law Office of Bradley Corbett, we employ aggressive defense strategies to fight resisting arrest and assault on officer charges.

1. Unlawful Arrest

If the officer was not acting within the scope of their lawful duties, any resistance is justified. For example:
  • The officer lacked probable cause.
  • The stop was illegal or unconstitutional.

2. Self-Defense Against Excessive Force

A person has the right to protect themselves if an officer uses excessive force. Body-worn camera footage can prove:
  • The officer used unnecessary aggression.
  • The defendant’s actions were purely defensive.

3. Lack of Willful Intent

The prosecution must prove that the resistance or threat was deliberate. If the defendant:
  • Did not understand the officer’s commands due to confusion or impairment.
  • Did not intentionally obstruct the officer.

4. False Accusations or Exaggerations by Police

In some cases, officers exaggerate resistance to justify an arrest. If the officer misrepresented the events, body camera footage and witness testimony can expose these false claims.

5. Lack of Physical Evidence

  • If no force or threats were used, a PC 69 charge cannot stand.
  • If no obstruction actually occurred, a PC 148 charge is invalid.

Penalties for PC 148 and PC 69 Convictions

Penalties for PC 148 (Resisting Arrest – Misdemeanor)

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Community service or probation

Penalties for PC 69 (Assault on an Officer – Felony)

  • 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000
  • Felony record, impacting employment and professional licenses

Why Choose the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Resisting Arrest Attorney

1. Extensive Experience Handling PC 148 & PC 69 Cases

We have successfully defended countless clients facing resisting arrest and assault on officer charges throughout San Diego County.

2. Aggressive Defense in Every Courthouse

We regularly appear at the Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, and the Downtown Courthouse at 1100 Union Street, giving us a strategic advantage.

3. Using Video Evidence to Your Advantage

We demand body-worn camera footage, surveillance videos, and witness statements to expose false allegations.

4. Protecting Your Future

A conviction can impact your career, reputation, and personal life. We fight aggressively to get charges reduced or dismissed.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

Talk to Us Now

San Diego Office
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8880 Rio San Diego Dr. Suite 800 San Diego, CA 92108 Tel: (619) 800-4449
North County Office
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440 S Melrose Dr, Suite 204 Vista , CA 92081 Tel: (760) 201-9839
Temecula Office
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41593 Winchester Rd #200 Temecula, CA 92590 Tel: (951) 732-8611
Email: Bradley@Bradleycorbettlaw.com