California Penal Code 148 (a)(1) PC
Resisting, Delaying, or Obstructing Arrest or Other Official Duties

California Penal Code 148 (a)(1) PC is most commonly referred to as "resisting arrest". The code, however, reads much broader than that. California Penal Code 148(a)(1) PC prohibits you from willfully

• Resisting,
• Delaying, or otherwise
• Obstructing

an officer or emergency medical technician (EMT) while he/she is engaged in (or attempting to engage in) the performance of his/her duties.

This California offense is a misdemeanor. It is punishable by up to one year in a county jail and/or a maximum $1,000 fine.

There are actually several subdivisions that fall under California Penal Code 148 PC. Although the most well known is stated above, you can also be prosecuted under this code for:

• Interrupting or interfering with communication over a public safety radio frequency, and/or
• Taking a gun or other weapon from an officer.
  • This specific offense may be prosecuted as either a misdemeanor or a felony, depending on the circumstances of your arrest.

Since the “resisting arrest” subdivision is the most commonly prosecuted section of California Penal Code 148 PC, it will be the main focus of this article.

To further explain this California charge, our Los Angeles criminal defense attorneys will address the following:

How Does the Prosecutor Prove that I Resisted, Delayed, or Obstructed the Duties of an Officer or EMT?

How Do I Defend Against a California Penal Code 148 PC “Resisting Arrest” Charge?

Resisting, Delaying, or Obstructing Lawful Duties and Other Related Charges

If after reading this article you would like additional information, please feel free to contact us to speak with an attorney.

How Does the Prosecutor Prove that I Resisted, Delayed, or Obstructed the Duties of an Officer or EMT?

The prosecutor must prove three facts in order to convict you of a California “resisting arrest” charge under Penal Code 148.

1. That you willfully resisted, delayed, or obstructed an officer or EMT,
2. When the officer or EMT was engaged in the performance of his/her duties, and
3. That you knew or reasonably should have known that he/she was an officer or EMT engaged in those duties.

Physical acts:

Physical acts, such as running away or hiding, are clear examples of willfully resisting, delaying, or obstructing arrest.

Using physical force against an officer or EMT is another obvious way to invite this charge. The types of struggles that are most commonly prosecuted take place when you are trying to avoid:

• Being handcuffed,
• Being put in a police car, or
• Being placed in a holding cell.

It must be noted that using physical force to resist, delay, or otherwise obstruct the duties of an officer or EMT may lead to additional criminal charges. Assault or battery on a peace officer are the most common charges filed in connection with a California “resisting arrest” charge.

Verbal and other non-violent acts:

While we typically think of “resisting arrest” as being a physical act, it doesn’t have to be. Verbal or other non-violent acts may also subject you to a Penal Code 148 charge.

California courts have held that the following examples were sufficient to sustain a resisting, delaying, or obstructing conviction:

• Falsely identifying yourself during an investigation ¹,
• Refusing to disclose your identity during the booking process ², and
• Acknowledging and then ignoring an officer’s order to stop interfering with a separate on-going investigation ³.

But,

California courts have also held that

• Slowly complying with an officer’s order ⁴,
• Refusing to give your name while in a police car en route to jail ⁵, or
• Criticizing, swearing at, or otherwise voicing your opinion to the police (so long as you’re not using “fighting words” to incite a riot) ⁶,

will not by themselves support a resisting, delaying, or obstructing justice charge.

How Do I Defend Against a California Penal Code 148(a)(1) PC “Resisting Arrest” Charge?

There are several defenses to a California “resisting arrest” charge that a skilled Los Angeles criminal defense lawyer could argue on your behalf. Some of the most common include (but are not limited to):

• Self-defense / Excessive force:
  • If you physically resisted, delayed, or obstructed an unlawful procedure, you would be exempt from prosecution under California Penal Code 148(a)(1) PC.

    For example: Police broke down Rick’s door while he was in his home in Newport Beach. They had no warrant, didn’t announce themselves, and began ransacking Rick’s home. As Rick fought the officers while they handcuffed him and transported him to the station, he broke one of the officer’s ribs.

    Rick’s Newport Beach criminal defense attorney would argue that Rick acted in self-defense…which was justified in light of the illegal search and arrest that took place. Similarly,

  • If your resistance was against an officer who was using excessive force, you would be entitled to this defense as long as the force you used was reasonable under the circumstances.

    Adding to the example from above: If one of the Newport Beach Police Officers who was searching Rick’s home began beating Rick (who had done nothing to provoke or threaten the officer) Rick would be entitled to fight back to defend himself.

    *Rick’s use of reasonable force in either of the above examples will excuse his behavior. This is because California law holds that an officer who performs an illegal procedure is not “engaged in the performance of his/her duties”. ⁷

    But…

  • ▪If the officer or EMT’s use of excessive force was in response to your unjustified physical acts of resisting, delaying, or obstructing an otherwise lawful procedure, you will be precluded from asserting this defense ⁸.

    Referring back to the previous example: Let’s assume the police had a warrant, found illicit drugs in Rick’s home, and then placed Rick under arrest. If Rick attacked the officer who was trying to handcuff him…which led the officer to use more force than was necessary to subdue Rick…an “excessive force” claim would not excuse Rick’s attack.

• Filing a “Pitchess” Motion:

  A Pitchess Motion is a request for information contained in the arresting officer’s personnel file. Your California “resisting arrest” defense attorney might file this motion if you believe that you were wrongly arrested based on allegations that the officer either made up or enhanced.

  If the officer has a history of complaints or misconduct, it might result in a reduction of your charges or an outright dismissal of your case.

• False allegations: A California “resisting arrest” allegation is often a trumped up charge. You may be cited for California Penal Code 148 (a)(1) because you were simply dismissive, uncooperative, or rude. Police, like anyone else, experience anger and sometimes seek revenge. Unlike everyone else, police are in a position of authority where they can readily abuse that power.

Resisting, Delaying, or Obstructing Lawful Duties and Other Related Charges

As was previously mentioned, battery on a peace officer (California Penal Code 243 PC) may be filed in connection with a “resisting” charge if you used physical force against the officer or EMT.

In addition to this charge, there are a variety of California offenses that, depending on the circumstances, may coincide with a “resisting arrest” charge. Whether multiple charges are appropriately filed or illegally grouped together will vary case-by-case. Two of the most common include:

• California Penal Code 69 PC -- Obstructing or resisting executive officers in performance of their duties: This section is broader than California Penal Code 148 PC in that it applies to all executive officers (which includes police officers). An “executive officer” is any employee who is responsible for enforcing the law.

  Additionally, California Penal Code 69 PC actually encompasses two different offenses: (1) attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law, and (2) using force or violence to resist an officer in the performance of his/her duties.9

  California courts have held that California Penal Code 148(a)(1) is a lesser included charge of the second offense listed in Penal Code 69 above10. This is important because it means that you can’t be penalized for both crimes…you simply can’t commit the second offense in PC 69 without also violating PC 148(a)(1).

• California Vehicle Code 2800.1 VC -- Evading arrest: California Vehicle Code 2800.1 and 2800.2 prohibit fleeing from or evading a pursuing officer’s car. Clearly, willfully evading an officer is one way to resist, delay, or obstruct an officer in the performance of his/her duties.

If you have additional questions or would like to discuss your case in confidence, we invite you to contact us. Our California “resisting arrest” criminal defense lawyers have local law offices in Ventura, Van Nuys, Rancho Cucamonga, Riverside and all surrounding Southern California areas.

Legal References:

¹ People v. Christopher, 137 Cal.App.4th 418 (2006)

² People v. Quiroga, 16 Cal.App.4th 961 (1993)

³In re Muhammed C., 95 Cal. App. 4th 1325 (2003)

⁴In re Muhammed C., 95 Cal. App. 4th 1325 (2003)

⁵People v. Quiroga, 16 Cal.App.4th 961 (1993)

⁶Resek v. City of Huntington Beach, C.A.9 (Cal.) 2002, 41 Fed.Appx. 57, 2002 WL 1418270

⁷Franklin v. County of Riverside, C.D. Cal.1997, 971 F.Supp. 1332

⁸Yount v. City of Sacramento, 43 Cal.4th 885 (2008), and Smith v. City of Hemet, C.A.9 (Cal.) 2005, 394 F.3d 689

⁹In re Manuel G., 16 Cal. 4th 805 (1997)

¹⁰People v. Lacefield, 157 Cal. App. 4th 249 (2007)

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