Resisting arrest in California

In California, resisting arrest can lead to a host of legal complications and severe punishments, including criminal charges. 

If you resist arrest, you could not only face the initial charge you were arrested for, but you could also face additional consequences for resisting. The latter can result in additional punishment that could affect you in the long run. 

Resisting Arrest Laws in California in 2024

Resisting arrest laws in Los Angeles are set forth in California Penal Code Section 148(a)(1). 

Under this provision, any public official may find guilty any individual who willfully resists, delays, or obstructs.

This act is considered a misdemeanor that can result in a fine, imprisonment, or both. CalCrim Code 2656 states that to convict under this action, the prosecutor must prove that:

• A law enforcement officer was lawfully performing their duties or attempting to do so.
• The defendant intentionally restrained, obstructed, or delayed the officer in the performance or attempted performance of those duties.
• The defendant knew or reasonably should have known that the law enforcement officer was performing their duties.

Criteria that must be met to prove that there was resistance to arrest

To achieve the above, the following elements must be met:

• Under People v. Brown (1988), the jury must determine whether the individual identified as a law enforcement officer actually was one.
• Under CalCrim 2670, for an officer to be lawfully performing their duties, they must make lawful arrests or detentions and use reasonable force.
• Resisting arrest must involve intentionally obstructing, restraining, or delaying the officer.
• Resistance can be voluntary, without the need for an intent to break the law. An example is running away from the officer or physically assaulting him.
• The defendant must have known that the law enforcement officer was performing his duties. That can be difficult to prove, according to People v. Lopez (1986).

Note: The definition of public agent includes a public official and an emergency medical technician (“EMT”).

What Crimes Are Related to Resisting Arrest?

Some crimes associated with resisting arrest are:

• Battery on a peace officer: Section 243(b) PC, California Penal Code.
• Resisting an executive officer: Section 69 PC, California Penal Code. 
• Felony reckless evading: Section 2800.2 VC, California Vehicle Code. 
• Disobeying a peace officer: Section 2800.1 VC, California Vehicle Code.
• Falsely identifying yourself as a police officer: Section 148.9 PC, California Penal Code.
• False identification to police officer: Section 148.5 PC, California Penal Code. 

Find out about the deportable offenses and how to act if ICE agents show up at your door in our dedicated blogs.

Examples of common cases regarding resisting arrest

Some examples in relation to this section could be the following:

1. When officers attempt to arrest Maria, she actively resists. This may result in additional charges for resisting arrest.
2. In an emergency situation, Pablo mocks a first responder. This can lead to charges of obstructing emergency services.
3. During an interrogation, Lucia provides false information to the police. This could result in charges for falsifying evidence.

Other examples of resisting arrest

Police respond to a domestic violence case where the aggressor is rendered motionless and officers must carry them to proceed with the arrest. Although they do not actively resist, their motionless behavior can be considered as resistance to arrest.

On the other hand, a drunk man passes out on the street, blocking the way, and the officers pick him up to arrest him for public intoxication. Even though it is not necessary to move him, it is not considered resisting arrest since there is no intentional action of resisting.

Definition of resisting arrest under California law

California Penal Code Section 148 states that resisting arrest refers to any deliberate action by a person that: 

• Delay; 
• Resists; or 
• Obstructs a public official. 

It also includes interfering with official communications or attempting to seize an officer’s firearm.

The consequences of this crime can negatively affect your record and future opportunities. 

If you are facing charges of resisting arrest, we recommend that you enlist the help of our criminal defense lawyers in Los Angeles. 

Common Defenses to Resisting Arrest Charges

Typically, the main defenses employed when facing charges of resisting arrest are as follows:

• Unlawful arrest: To be found guilty of resisting arrest, the initial arrest must have been lawful. 
• Self-defense: Every individual has the right to defend themselves. Therefore, this defense applies when the officer uses excessive force.
• Police misconduct: A history of officer misconduct can be crucial in proving that the arrest was unlawful or that disproportionate force was used. 
• Lack of knowledge: Whether due to an error by the officer or the officer being compromised, or trying to fulfill a legal duty.
• Multiple offenses: The judge and jury must agree that the defendant resisted arrest and the precise details of the act.

Other legal defenses against resisting arrest

If someone accuses you of resisting arrest, that person can challenge the charge with a legal defense, which can lead to a reduced or dismissed sentence. The 3 most common defenses are:

• False accusation;
• There is no probable cause; and
• There is no deliberate act.

What is the punishment for resisting arrest in California?

In California, resisting arrest can result in a fine of up to $1,000, imprisonment in a county jail for at least one year, or both. 

The penalty may be increased if you interfere with an officer’s radio or try to take his service weapon. 

Note: It should be noted that concrete evidence is required to charge a person with taking a weapon, such as fingerprints or witness testimony. 

When can the police arrest a person?

California Penal Code Section 836 states that law enforcement officers have the authority to make arrests based on probable cause. 

This implies that the police must have the belief that there is more evidence in favor than against the possibility that the person sought is guilty of a crime.

Chapter 5 of this law (“Carrying out the arrest”) specifies the following points for carrying out an arrest when:

• There are reasonable grounds to believe that an individual to be arrested has committed a public offense in an official presence;
• Committed a serious crime without being in your presence; or
• There are reasonable grounds to believe that the arrested individual has committed a felony, whether or not it has actually been committed.

What is the difference between detention and arrest?

Arrest involves a brief detention by law enforcement based on reasonable suspicion of a crime. 

On the other hand, arrest is a more formal action that deprives a person of their liberty with the intention of charging them with a specific crime. 

Detention is done to investigate a situation, while arrest involves criminal charges and imprisonment. 

It is important to note that if you are arrested, you have constitutional rights, such as the right to remain silent or request an attorney.

What are my rights after being arrested?

After an arrest, you are entitled to Miranda warning, named after the Supreme Court case Miranda v. Arizona. Thus, during an arrest process, the police are required to inform the suspect that:

• You have the right to remain silent.
• You have the right to a lawyer.
• Anything you say can and will be used against you in a court of law.
• If you cannot afford an attorney, the court will appoint one for you.
• Do you understand these rights?

What can I do if the police did not have probable cause to arrest me?

If you have been detained or arrested without probable cause, you have rights protected by the Fourth Amendment to the United States Constitution. 

In such circumstances, you can apply to the court to exclude any evidence obtained after the unlawful arrest. 

If the court grants the request, it could result in the exclusion of evidence in the case, which could lead to:

• A dismissal; or 
• Reduction of charges against you.

Additionally, as part of the legal process, prosecutors have the burden of proving guilt beyond a reasonable doubt. If they cannot meet this burden of proof, they must dismiss the case.

How do I prove that I did not resist arrest?

A key aspect of PC 148 is the “intentional” action by the individual. That said, you may not have resisted arrest, but the following must be met:

• The incident was an accident: You fell, but the police interpreted this as resisting arrest.
• You were experiencing a medical episode: For example, you had a seizure and the police misinterpreted this.
• You thought you were following instructions: This usually happens when you mishear the officers and they think you were defying them.

Generally, in cases where the police used illegal and excessive force, you can argue that you acted in self-defense. However, this should only be when you defended yourself with reasonable force.

What can I do if I am being falsely accused?

If someone is falsely accusing you, seek the help of a criminal defense attorney immediately. Also, gather evidence to support your innocence and follow your attorney’s instructions. 

In some cases, law enforcement officers charge an individual with resisting arrest due to:

• The attitude of this; or 
• If you request an explanation of the reason for the arrest. 

Additionally, the resisting arrest charge can be used to cover up police misconduct, racial profiling, false arrest, or excessive force. 

We therefore recommend that you call us immediately. At Lluis Law our professionals speak English and Spanish. 

Frequently Asked Questions About Resisting Arrest in California

Can I record an officer during an arrest process?

The First Amendment guarantees the public the right to record police officers, but with certain conditions. 

For example, recording must be done openly, not secretly, and officers must be aware that they are being recorded. However, filming must not impede an officer’s ability to perform their duties.

What happens if I lie to a police officer about an arrest?

Lying to police is considered a crime that can result in charges of obstruction of justice. 

This usually occurs when someone intentionally interferes with law enforcement officials in the performance of their duties.

An example of this type is if the police question you about a friend who was arrested for driving under the influence (DUI) and you provide a false name. This could lead to you facing obstruction charges.

Do you know what the penalty of perjury is? You will find everything on the subject at the link.

Can a Resisting Arrest Charge Be Dropped?

A charge of resisting arrest may be dropped if the person’s innocence is proven or the prosecution does not have probable cause. In either case, the authorities can release the accused person.

You may also be interested in reading our blog on how to clean a criminal record.

How Long Does A Misdemeanor Warrant Stay Active?

In California, a misdemeanor warrant remains active until:

• It’s annulled; 
• The arrest is made; or 
• The person sought dies. 

These orders do not automatically expire. However, if the statute of limitations has expired, the case could be dismissed due to the statute of limitations. 

In California, the statute of limitations for misdemeanors typically begins one year after the commission of the crime.

Defendants charged with misdemeanors in California are usually released on their own recognizance after being arraigned, unless they have a criminal record for other crimes or fall under the California 3 strikes law.

How Long Can An individual Be Detained Without Charge In California?

Anyone who is arrested and detained must appear in court within 48 hours. If the prosecution does not file charges within that time, the suspect must be released immediately. 

Do I need a lawyer if I am charged with resisting arrest?

If you are charged with resisting arrest, you will need the representation of an experienced attorney to help you defend yourself. 

At Lluis Law, we understand the complexity of these cases, which is why we are here to provide you with the necessary legal guidance. 

Our team of attorneys has a strong track record of defending clients in similar situations, and we will work tirelessly to protect your rights and obtain the best possible outcome in your case. Call us and we can advocate for you. 

Our criminal lawyers have been handling these types of cases with great success for over 40 years.