Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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California Penal Code 148a1 PC is the California statute that defines the crime of “resisting arrest.”
According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties.
Examples of Penal Code 148a1 violations include:
A person guilty of resisting arrest, or delaying or obstructing an officer, is charged with a misdemeanor. The penalties for the offense include:
California’s resisting arrest laws include a more comprehensive range of behavior than just a person resisting arrest.
While resisting an officer may be grounds for a conviction under PC 148a1, so can delaying or obstructing an officer or an EMT.
A prosecutor must prove three elements to successfully convict a person of a crime under Penal Code 148a1. These are:
For purposes of this statute, “duties” definitely include an officer arresting a person. But they can also include:
The crime of resisting arrest is a misdemeanor offense. The penalties may include:
Please note that a judge may order a defendant to misdemeanor probation instead of jail time. This is also called “summary” or “informal” probation.
Luckily, there are legal defenses that a person can raise if accused of a crime under PC 148a1. A good defense can often get a charge reduced or even dismissed.
Please note, though, that it is critical for an accused to hire a criminal defense attorney to get the most effective defense.
Three common defenses to Penal Code 148a1 accusations are that the accused was:
No. Assault is a separate offense from resisting, delaying, or obstructing an officer.
California Penal Code 240 PC defines the crime of assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” 4
Simple Assault is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.