Resisting Arrest Defense in CaliforniaCalifornia Penal Code § 148(a)(1)
Free Consultation.What Is Resisting Arrest in California?
California Penal Code § 148(a)(1) makes it a misdemeanor to willfully resist, delay, or obstruct any peace officer or emergency medical technician in the performance of their duties. Resisting arrest is one of the most commonly charged add-on offenses in California — it is frequently added to other charges when a defendant disputes the circumstances of their arrest. However, the charge requires proof that the officer was acting lawfully at the time of the alleged resistance.
What the Prosecution Must Prove
To convict you of resisting arrest, the prosecutor must prove beyond a reasonable doubt that: (1) a peace officer was performing their lawful duties; (2) you willfully resisted, delayed, or obstructed the officer; (3) you knew or reasonably should have known the person was a peace officer performing their duties. All three elements must be proven — if the officer was acting unlawfully, there can be no valid conviction for resisting their unlawful actions.
Penalties for Resisting Arrest
Misdemeanor resisting arrest under PC 148 is punishable by up to one year in county jail and fines up to $1,000. If you used force or violence against the officer, you may be charged with the more serious offense of resisting arrest with force under PC 69, which is a wobbler carrying up to 3 years in state prison as a felony.
Defenses to Resisting Arrest
The strongest defense is often that the officer was not acting lawfully — an unlawful arrest cannot support a resisting arrest conviction. Other defenses include self-defense against excessive force, arguing the conduct did not actually delay or obstruct the officer, lack of knowledge that the person was a peace officer, and false accusation. Police frequently add resisting arrest charges when they use excessive force, making this a critical defense issue.
Contact Virtuoso Law
Call (833) 666-5245 for a free consultation. We defend resisting arrest charges throughout the Bay Area and Central Valley — available 24/7.