Resisting arrest is a serious offense that can lead to significant legal consequences and penalties. State law outlines a variety of rules and repercussions related to an individual’s interference with law enforcement officers. If you are facing charges for resisting arrest in California, it is imperative that you be made aware of the potential consequences of a guilty verdict and understand your legal rights and options. Reach out to a Red Bluff criminal lawyer today for skilled advice and representation during your case.
What is Resisting Arrest?
Under California Penal Code Section 148(a)(1), resisting arrest is a crime that occurs when an individual willfully resists, delays, or obstructs a police officer who is performing their duties. A person can be found guilty of resisting arrest when he or she “willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment…”
Resisting arrest can include any actions like struggling, running away, and using force to prevent an officer from carrying out their duties. However, even simpler and non-aggressive behaviors could be considered resisting arrest. For example, providing a police officer with false or misleading information like lying about your name could be considered resisting arrest under certain circumstances.
What Are the Penalties for Resisting Arrest in CA?
Resisting arrest is generally charged as a misdemeanor under California law, though in some circumstances it can be considered a felony offense. Whether you are charged with a misdemeanor or felony depends on the circumstances of the situation and the severity of your actions. For example, if you use force, use a weapon, injure an officer, or attempt to take the officer’s weapon, you could be charged with a felony.
In most cases, resisting arrest is charged as a misdemeanor and the resulting penalties are outlined under California Penal Code Section 148(a)(1). This is the most common form of resisting arrest and does not include aggravating factors. The penalties associated with this charge include the following.
- Up to 1 year in county jail
- Fines of $1,000
- Probation
As a felony offense, resisting arrest could result in the following penalties.
- Up to 3 years in jail
- Fines of $10,000
- Probation
Regardless of the type of offense, you could also be subject to additional consequences like community service or participation in educational programs.
If you are facing charges for resisting arrest in California, it is important to fully understand your rights and legal options. Consult with a skilled defense attorney today for more information and skilled representation.