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    Criminal Defense Division

    Penal Code § 148 PC – “Resisting Arrest” Laws in California

    What constitutes "Resisting Arrest"? (Penal Code 148 PC)

    Penal Code § 148(a)(1) PC makes it a California misdemeanor to willfully resist, delay or obstruct peace officers or EMTs who are performing their official duties. The penalties are up to one year in county jail and/or $1,000 in fines.

    Officers often write up a resisting arrest citation as:

    • PC 148,
    • 148 PC, or
    • 148(a)(1) PC

    as abbreviations for the California Penal Code.

    Graphic that shows examples of resisting arrest under Penal Code 148 PC, such as hitting the officer while being handcuffed

    In this article, our California criminal defense attorneys discuss the following topics re. resisting arrest:


    1. Elements

    For you to be convicted of resisting arrest under California Penal Code 148(a)(1) PC, prosecutors have the burden to prove beyond a reasonable doubt the following four elements of jury instruction (“CALCRIM”) 2656.1

    1. You resisted, delayed, or obstructed a police officer or EMT;
    2. You did so when the arresting officer/EMT was engaged in the performance of their official duties;
    3. You knew, or should have known, that the officer/EMT was working; and
    4. Your actions were willful.2

    To act “willfully” means you do something on purpose. It is not required that you intend to break the law, hurt someone, or gain any advantage.3

    Perhaps the most common form of resisting arrest is struggling against the police while they handcuff you. However, 148 PC includes a wide range of other behaviors, such as:

    • Interfering with a police officer’s travel to the scene of a crime or accident,
    • Obstructing the authorities from interviewing a witness of a crime, or
    • Trying to interfere with police while they are monitoring a suspect in custody.

    Note that 148 PC does not apply to college campus security officers. Resisting them could subject you to other charges such as assault, but not resisting arrest.4

    police officer subduing a man by pressing his knees on to his back because he was trying to resist arrest - a violation of 148(a)(1) PC

    It is a crime willfully to resist or obstruct a police officer

    2. Defenses

    Here at Shouse Law Group, we have represented literally thousands of people facing charges for resisting arrest and related crimes. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries:

    1) You Did Not Willfully Resist Arrest

    A key element of 148 PC is that you acted “willfully.” Arguments we have used to show that our clients did not act on purpose are:

    • The incident was an accident. For example, you fell down, which the police misinterpreted as resisting arrest.
    • You were suffering from a medical episode. For example, you had a seizure, which police misconstrued as resisting arrest.
    • You genuinely thought you were following the police’s directions. For example, you misheard the police, and the police thought you were intentionally defying their instructions.

    In cases where the police used excessive force, it may be a defense that you acted in lawful self-defense as long as you fought back only with reasonable force.

    2) You Were Falsely Accused

    Officers are often quick to charge you with resisting arrest merely because they do not like your attitude or because you asked for an explanation as to why you were being arrested. Sometimes, police use a resisting arrest charge to try to justify or cover up:

    Example: LAPD officers detain an African American suspect for “loitering” near a drug house. When the suspect questions their motives, they strike him before handcuffing him. To explain why the suspect is now injured, the officers write him up for resisting arrest and lie that the suspect threatened them.
    There are several types of evidence we rely on to show that police officers are being untruthful. This includes:
    • Witness statements,
    • Police bodycam footage, and
    • The officers’ personnel files which may reveal a history of misconduct (which we obtain by bringing a Pitchess motion).

    Once we can show that the police’s story does not hold up, the D.A. may agree to drop your case due to the false accusations.

    3) The Police Had No Probable Cause to Arrest You

    We have had many cases where our clients were charged with violating 148(a)(1) PC even though the police had probable cause to arrest them in the first place. This is in direct violation of the Fourth Amendment to the U.S. Constitution.

    In these situations, we would ask the court to exclude from the case any evidence obtained following the unlawful arrest. If the judge agrees, the D.A. may be left with too little evidence to continue prosecuting you.

    Ultimately, prosecutors have the burden to prove guilt beyond a reasonable doubt. If they fail to meet this burden, the case should be dropped.

    Man in a hoodie being arrested and handcuffed while being pressed against the wall.

    Common defenses to 148a1 PC charges are no willfulness, false accusations, or lack of probation cause.

    3. Penalties

    Resisting arrest in violation of 148(a)(1) PC is a misdemeanor in California.5 The crime is punishable by:

    • Imprisonment in county jail for up to 1 year and/or
    • A maximum fine of $1,000.

    In our experience, judges are usually open to granting misdemeanor (or summary probation) instead of incarceration. Terms of probation often include counseling and community service.

    Note that the L.A. County District Attorney (LADA) generally does not prosecute resisting arrest cases unless:

    1. You have been a repeat offender within the last 24 months;
    2. You used physical force against the officer; or
    3. The charge is filed in connection with another offense that the LADA typically does prosecute.6
    downtrodden female prisoner in an orange jumpsuit in a jail cell holding the cell bars after resisting arrest

    A violation of 148 PC can lead to up to one year in jail.

    4. Related Offenses

    Additional Reading

    For more in-depth information about resisting arrest, refer to the following scholarly articles:

    Legal References:

    1. California Penal Code 148 PC(a)(1). The language of the code section reads as follows:

      (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt 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 ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

    2. CALCRIM 2656 – Resisting Peace Officer, Public Officer, or EMT (Pen. Code, § 148(a)). People v. Simons (1996), 42 Cal. App. 4th 1100. See also People v. Allen (1980) 109 Cal.App.3d 981. See also People v. Lopez (1986) 188 Cal.App.3d 592. See also In re Muhammed C. (2002) 95 Cal.App.4th 1325. See also People v. Gonzalez (1990) 51 Cal.3d 1179. See, for example, People v. Serna (Cal. App. 2024) 109 Cal. App. 5th 563.
    3. CALCRIM 2656. See also In re Bacon (1966) 240 Cal.App.2d 34. See also People v. Green (1997) 51 Cal.App.4th 1433. See also People v. Quiroga (1993) 16 Cal.App.4th 961. See also People v. Brown (1988) 46 Cal.3d 432. See also People v. Castain (1981) 122 Cal.App.3d 138. See also People v. Olguin (1981) 119 Cal.App.3d 39. See also People v. White (1980) 101 Cal.App.3d 161.
    4. In re M.M. (2009), 177 Cal. App. 4th 1339.
    5. California Penal Code 148 PC.
    6. See same; LADA Special Directive 20-07. See also People v. Moreno (1973) 32 Cal.App.3d Supp. 1.

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