Resisting Arrest in California - Penal Code 148

Arrested After - Resisting Arrest in California - Penal Code 148

Good evening. Today, I found out about Arrested After - Resisting Arrest in California - Penal Code 148. Which could be very helpful for me and also you. Resisting Arrest in California - Penal Code 148

Resisting arrest is a charge that is seen increasingly. A man can be arrested and charged with this crime for doing whatever contrary to the officer's instructions, along with even request questions of the officer. Of course, more serious fighting, resisting, and obstructing a peace officer's duties can also be charged under this statute.

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Arrested After

The applicable law in this situation is California Penal Code (Cpc or Pc) section 148, which states:

"(a) (1) Every man who willfully resists, delays, or obstructs any social officer, peace officer, or an accident healing technician, as defined in branch 2.5 (commencing with Section 1797) of the condition and safety Code, in the discharge or effort to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars (,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment."

Under the law, every man who willfully resists, delays, or obstructs any social officer, peace officer, or accident healing technician, in performing his/her duties, shall be punished by a fine of up to ,000, or up to one year in a county jail, or both, if charged as a misdemeanor. If "great physical injury" occurs to a police officer, then the case can be charged as a felony, development the maximum go up substantially - to three years in prison and a fine of over ,000.00.

This misdemeanor most often gets charged in situations where a police officer goes to arrest someone, and the man struggles physically to avoid being taken into custody. Police then have to apply force to restrain the suspect. Essentially this means that whatever that prevents an officer from conducting an investigation and development an arrest qualifies as "resisting arrest." Other examples would consist of providing a false identity to an stoppage officer or filing a false police report.

Many of these cases involve a police officer's word against a suspect's word. In these instances, defense attorneys will want to guide a "Pitchess Motion" to see the whole personnel and complaint history of the officer. It may turn out that the officer has been accused in the past of immoderate force and development false accusations against suspects. If so, the defense can use this to challenge the officer's credibility, and often get the resisting arrest case reduced or dismissed.

In handling resisting arrest or Pc 148 charges over the last 15 years, I have noticed that once this charge is alleged, prosecutors, who like to show they are "tough" on crimes against police officers. What helps, however, is to show any facts that are outside of the criminal police description written by the police officers, to show that there is someone else world of additional facts that might change their view of the case. Statements from witnesses not otherwise fully interviewed by the police, and videos, can often be very helpful in this regard.

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