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.