When a law enforcement officer finds you suspicious of an offense and intends to apprehend you, you could try to resist arrest. Resisting arrest is considered a form of obstructing justice that, depending on the situation, can lead to harsh penalties. The blog goes into detail about the legal definition of resisting arrest under California law.
What is Resisting Arrest?
Resisting arrest is a serious offense in California, as it is in most other jurisdictions. However, the provision under PEN 148 is broadly defined to include numerous other actions that are considered illegal. To commit this offense, you need to prevent or impede a police officer, public official, or emergency medical technician from carrying out their official responsibilities.
According to California PC 148a, resisting arrest is defined as any illegal actions that delay, impede, or hinder a peace officer while performing their legal duties. In most cases, resisting an arrest involves fleeing and physically confronting law officials to impede them from detaining or moving you away from the crime scene.
Courts could sometimes excuse you for physically obstructing a peace officer while they are trying to make an arrest. Some of these include the fact that the law enforcement officer who made the arrest was breaking the law and that the seizure was not made in the course of their official duties.
A law enforcement officer can make an arrest solely on reasonable grounds. However, to be found guilty in court, the prosecution should prove their case beyond any reasonable doubt.
It's important to note that you should be aware that even though you are exonerated of the underlying allegations, you can still be convicted of violating the provisions of PEN 148, which makes resisting seizure a crime if the seizure was based on reasonable suspicion.
Obstructing law enforcement officers while they are executing their responsibilities is a violation of California PC 148a1, which is a misdemeanor version of PC 69. This "wobbler" crime can be tried as either a felony or a misdemeanor.
Common Examples of Resisting Arrest
With such a broad scope, the following conduct could be considered "resisting arrest" and subject to criminal charges:
- Trying to stop a law enforcement officer from placing handcuffs on you.
- Evading a police officer who is escorting you outside a property.
- Obstructing a paramedic or an EMT who is attempting to assist a victim of an accident.
- Trying to obstruct a police officer from accessing your property or company while carrying out a legal warrant.
- Providing a false identity or giving false details to authorities when being interrogated.
- Slashing the tires of a police vehicle to deter it from chasing an offender.
- Taunting law enforcers as they work to maintain order during a demonstration.
- Trying to divert the attention of a police officer who is protecting an offender.
- Blocking the road of an EMT as they make their way to an accident scene.
- Disrupting or meddling with the radio communications used for public safety by police officers or EMTs.
- Take away a weapon or firearm from a law enforcement or public official who is on the clock.
Elements Required To Prove a Resisting Arrest Crime
Before the prosecution can secure a guilty verdict on your allegations, the court requires the following factors to be demonstrated beyond a reasonable doubt:
That a Public Official, Peace Officer, or EMT was Legally Carrying Out or Attempting To Carry Out Their Responsibilities
When peace officers or EMTs are on the job, they should legally carry out some of their duties. You could have a legal argument for resisting arrest if they're trying to make an illegal arrest.
A law enforcement officer can use appropriate force to initiate the arrest or perform legitimate detention. However, if they apply "extreme" force and go over this undefined boundary, it could serve as a defense if you're accused of resisting an arrest.
You Willfully Obstructed, Delayed, or Resisted the Action Of The Law Enforcer or EMTs Responsibilities
"Intention" and "willfulness" are the major elements. You don't need to be aware that your actions are against the law for them to be considered a crime. Your actions could potentially be charged if they were deliberate.
Assume you accidentally obstructed a law enforcement officer while they are performing their job. In this case, you can't be convicted of resisting arrest. This is possible if you can demonstrate that your actions were unintentional. Resistance, delay, and obstruction are all ambiguous concepts. When most individuals come across the term "resisting arrest," they often picture a physical struggle. This can involve evading a law enforcer seeking to apprehend you, hiding, or engaging in a physical confrontation.
However, even if you're fully compliant physically, you could be charged and convicted of resisting arrest. If you give false information and identity during your arrest and booking, you could be charged and convicted of resisting the arrest.
Alternatively, an individual who isn't the target of the arrest but who nonetheless has contact with the subject can be charged with the crime for doing anything more than simply talking to the subject of the arrest if officers determine that the third party's actions significantly delayed the arrest.
If you or a loved one curses, makes fun of, or jeers at police while you are being arrested, it won't be regarded as obstruction or resistance unless your statements directly threaten the police officer or EMT with physical harm.
You Were Aware or Should Have Been Aware, That the Law Enforcer Was Carrying Out His/Her Duties
The court determines this element objectively. In certain situations, you may not have been aware that a law enforcement officer was trying to catch up with or arrest you. For instance, you can be preoccupied with something and fail to see that an officer is closing in on you.
However, suppose the court determines objectively that a "sane individual" in the same situation would have noticed that a police officer was chasing them. In this case, they can still be held responsible for obstructing or resisting arrest.
How to Defend Yourself Against Charges of Resisting Arrest
If you're facing charges of resisting arrest, you should contact a competent criminal defense lawyer immediately to discuss your options. This law's expansive nature makes it much easier for an individual to be convicted, even if you're accused of resisting an arrest for an offense you didn't perpetrate.
You should consult with an attorney, so they can analyze your case, investigate the charges, and start preparing your defense. There are several strategies to fight allegations of resisting arrest, and the effectiveness of each one will rely on the specifics of the case.
The following are some of the legal defenses:
Self-Defense
You can use this argument if you believe the arresting officer utilized excessive force. The detained person could argue that they acted in self-defense.
The amount of force that law officers can use to arrest a person is limited to what is necessary; anything above that is prohibited. For instance, you can resist if the police officer tries to shoot at you.
False or Baseless Accusations
If police officers have any reason to believe that you will not cooperate with them, they may file charges of resisting arrest. Even if you just want to know why you're being detained, that's not enough to get you arrested. Moreover, the authorities could attempt to rationalize or conceal the following:
- Racial profiling.
- police misconduct.
- The excessive use of force.
The allegations of resisting arrest might not be valid when:
- You made the responding officer angry.
- You were rude or flippant.
Your defense attorneys could try to demonstrate how the incident occurred by:
- Illegal detention.
- Unlawful or false arrest.
In retaliation, the authorities could press charges. It helps if there are witnesses to back up your statements. In that case, it would come down to the credibility of your statement against that of a police officer. Additionally, your attorney may be able to demonstrate that the authorities are dishonest.
This is accomplished by:
- Collecting statements from eyewitnesses.
- Recordings from the police bodycam.
- Submitting a Pitchess motion to get the officers' records so that they can check for any previous instances of wrongdoing.
You Were Protecting Another Person
You could use this defense if a scuffle ensued between an arresting officer and the person being arrested. Someone can intervene in the commotion to protect the person at risk. Although there was the employment of force, it is not considered resistance because it was done with the goal of defending another person.
Unlawful Detention
Sometimes, people will put up a fight when they feel they are being unlawfully detained. Nevertheless, only using the level of force that is reasonable or required to thwart the arrest successfully. Unlawful arrests occur when police detain suspects without warrants or reasonable cause.
According to the 4th Amendment of the United States Constitution, police should have reasonable cause before arresting someone.
Any evidence gathered during an unlawful stop or detention under PC 148 could be suppressed and cannot be used to prove that the suspect committed the alleged crime. This exclusion could lead to the charges being dismissed or lessened.
Ultimately, the burden of proof rests on the prosecution. The case could be dismissed if they are unable to satisfy this burden.
California Offenses Related to Resisting Arrest
The following are a few common crimes related to Penal Code 148 resisting arrest:
Attempting to Resist or Obstruct a Peace Officer
When someone attempts to intimidate or stop an "executive officer" from executing their duties by using force or threats, they violate California's resisting or obstructing an officer of the law under Penal Code 69(a).
Similar to Penal Code 148, the law's application is limited. Taking a photo of a peace officer at work, for instance, is not against the law if you have permission to be there. Additionally, if a peace officer makes an unauthorized arrest or applies excessive force, you have the freedom to resist them.
Battery Committed Against a Peace Officer
California Penal Code 243 has two significant parts that are pertinent to the crime of battery against a peace officer. The first, PC 243(b), is applicable if you perpetrate battery against someone who is engaged in one of the following occupations when you are aware (or have a good faith belief that you ought to be aware) that they are carrying out work-related obligations.
If a person engages in battery that causes harm to a public official, they violate California Penal Code 243(c). Again, the victim of the battery should have been carrying out legal work-related responsibilities at the moment the battery occurred, and you need to be aware (or reasonably ought to have been aware) that the victim is working at that moment.
It should be noted that the victim need not be at work when the battery happens. The law is still in effect if the subject is a security officer working part-time privately while wearing a uniform and executing their legal duties. Lastly, California Penal Code 243(d) is also applicable because it addresses the issue of significant bodily harm.
Misdemeanor Evading Arrest
The Statute governing this offense is found under VC 2800.1. Anybody who "deliberately flees or tries to avoid a peace officer pursuing them while driving a car with a clear aim of eluding" violates the provisions of California VC 2800.1.
The law demands that all five elements be proven true at trial, along with the intentional or wanton contempt for safety.
Felony Reckless Evading
The main distinction between Vehicle Code 2800.1 and Vehicle Code 2800.2 is that the latter pertains to driving where there is deliberate or wanton contempt for the welfare of people or property.
With the exception of one key distinction—sentencing—the Sections share many similarities, including definitions. Vehicle Code 2800.2 is a felony with the potential for more severe penalties and a state prison term.
It should be noted that "Wanton contempt" does not require proof that you planned on harming or damaging anything.
Providing a Police Officer With a Fake Identification
Anyone who has been lawfully apprehended or incarcerated in the state of California and identifies themselves as someone else or as somebody who does not exist is guilty of committing a felony under California Penal Code section 148.9, which criminalizes the presentation of fake documentation to a law enforcement officer.
This law, PC 148.9a, applies when you are interacting with officers specified in Penal Code 830.1 (which includes law enforcement officers), Penal Code 830.2, which includes the CHP officers, as well as campus officials, or Penal Code 830.33, which includes BART and harbor officers.
Keep in mind that violating Penal Code 148.9 is limited to situations when a person uses fake identification "to elude the procedure of the courts or to obstruct proper identification of themselves by an investigative officer."
Falsely Reporting a Crime
In California, filing a false statement of an offense constitutes a crime in and of itself under Penal Code 148.5. It is against the law to fraudulently claim that a felony or misdemeanor has been perpetrated, according to this Statute. The falsified report should be submitted to the officials named in this Code Section. Misreporting to a jury, for example, is a violation of multiple sections of the law, but you need to be aware that the statement you're filing is false to commit a felony under those sections.
Is Recording An Officer Considered "Resisting Arrest"?
With the emergence of cell phones, it is becoming increasingly normal for people to record and take pictures of potential arrests, particularly if there are incidents or altercations. In 2015, the Criminal Code in California was revised by the state legislature to make it clear that taking a video or audio recording is permissible and won't result in charges of resisting arrest.
Nonetheless, the individual who is filming the incident has to possess a legal right to be there, or the police should be within a public setting. A police officer does not have the authority to detain someone simply because they are recording or taking photos.
Can I Be Accused of Resisting Arrest If I Yell At or Act Rudely Toward a Law Enforcement Officer?
No, you can't. Courts have ruled that simply yelling at, criticizing, or disagreeing with law enforcement officers doesn't constitute the level of action required to find you guilty of resisting an arrest. However, a displeased law enforcement officer can exaggerate how serious your actions were to penalize you for being disrespectful or dismissive.
A skilled defense attorney could contend that despite being impolite or aggressive, your conduct was legal and insufficient to hinder the officer from carrying out their duty.
Find a Los Angeles Criminal Attorney Near Me
It's critical to retain an accomplished and knowledgeable criminal attorney as quickly as you can if you or your loved one has been accused of resisting arrest. You can rely on The Los Angeles Criminal Defense Attorney to assist you in constructing a compelling argument and making well-informed choices at every stage of the case. Contact us at 310-564-2605 if you are facing charges of resisting arrest in Los Angeles.
