San Diego and El Cajon Lawyer for Resisting Arrest Charges
Lounsbery Law Office, PC regularly and successfully represents those charged with the crime of Resisting Arrest throughout San Diego.
What is Resisting Arrest?
The crime of Resisting Arrest comes from Penal Code 148(a)(1). The law prohibits anyone from:
- willfully resisting, delaying or obstructing
- any public officer, peace officer or an emergency medical technician (EMT)
- in the performance (or attempt to perform) of work duties
While we often refer to this crime as “Resisting Arrest,” you need not be under arrest initially before committing this crime. “Delaying an officer in the performance his duties” is the more common reason why this crime is charged.
How can I defend myself against a Resisting Arrest charge?
One of the most common ways to defend these charges is to scrutinize the police officer’s conduct. In order to prove that you are guilty, the prosecutors must prove that the officer was acting lawfully to begin with. You may have a legitimate defense if the officer was acting unlawfully, over-stepping his authority, engaging in police misconduct or using excessive force. The issue often becomes one of: Who is acting reasonably, you or the police officer? If the officer was acting unreasonably, he may have been acting unlawfully. Likewise, if you were acting reasonably or used reasonable force against a law enforcement officer, you may have been acting within your lawful rights.
What sentence am I facing if convicted of Resisting Arrest?
Resisting Arrest is a misdemeanor. The maximum possible sentence on any resisting arrest charge is one year in the county jail and a fine of $1,000. If probation is granted, it will commonly be three years of informal probation.
What are the consequences of a Resisting Arrest conviction?
Resisting Arrest is a particularly worrisome charge for two reasons. First, if convicted of the offense it will stay on your record forever and every time you are pulled over by a police officer or have contact with a law enforcement officer for any reason, once they pull up your name in their system they will see this conviction and immediately suspect you as being someone who will cause them problems. They are unlikely to give you any breaks or treat you as they would any other average citizen.
Second, employers may be particularly suspicious of you because this type of conviction suggests that you were committing another crime before you committed the crime of resisting arrest. The questions will come to their minds: Why was he under arrest to begin with? What other crime was he committing that I may not be able to see on his record? What’s more, Resisting Arrest suggests that you may be disrespectful of people in authority. Employers want their employees to respect their supervisors.
Therefore, you have strong incentives to fight these charges as best you can.
Find out the 8 things you must do immediately to help us win your case. To speak with an El Cajon attorney who has successfully beat Resisting Arrest charges in the past, call us at 619-792-1451 today, or send us an email.