Resisting Arrest – CPC 148(a)(1)
Resisting Arrest
In California, it is not uncommon for the police to arrest individuals for resisting arrest after they have been victims of police brutality. Some officers may even attempt to justify their actions by putting the blame on the individual to show they violated California Penal Code Section 148(a)(1). If you or a loved one has been charged with a resisting arrest violation, it is in your best interest to immediately contact a California resisting arrest lawyer to protect your legal rights.
What Constitutes Resisting Arrest?
An individual may be charged with either a misdemeanor or a felony for resisting arrest under Penal Code Section 148(a)(1) if they:
- Willfully obstructed, resisted, or delay a police officer or EMT,
- While the officer or EMT were performing their duties,
- When they should have reasonably known that the person was an officer or EMT engaged in their duties.
Additionally, if an individual provides false identification or refuses to identify him or herself during a booking process, they may also be convicted of resisting arrest under this California law.
Consequences of Resisting Arrest
The consequences for violating Penal Code Section 148(a)(1) depend on whether the defendant was using force in resisting arrest. If no force was used, the defendant will face a maximum punishment of one year in the county jail and a fine of $1,000. However, if the defendant either removed a weapon from the officer in the course of the resist or used his or her own weapon, the individual may be charged with a felony and could face a term in state prison and a maximum fine of $10,000. Moreover, if there was more than one peace officer or EMT involved in the struggle, the defendant can be charged with separate offenses for resisting arrest of EACH officer.
Choosing the right California resisting arrest lawyer will be the most important decision you can make when facing a resisting arrest charge. Many people who face resisting arrest charges are good people who made a mistake or exercised poor judgment. There are also those individuals who have been wrongfully accused of resisting arrest. You need a California resisting arrest lawyer on your side to protect your legal rights. To schedule a free consultation with a California resisting arrest lawyer, contact Daniel Cota at (800) 351-6860.