Resisting Arrest Law - Penal Code 148(a)(1) PC
This crime usually comes up when the police decide to use violent force against another and then justify their actions; they claim that the person they manhandled was resisting arrest. As long as the police can show that they were performing their duties as a police officer and it was reasonable under the circumstances to use force, they can usually justify this charge. However, once there is video or eyewitness evidence that they misbehaved, the defense can beat the rush.
In today's world, the defense has a significantly higher chance of successfully convincing a jury that the police acted inappropriately than in days past. This shift in public perception offers a ray of hope in such cases, providing a potential path to justice.
If the police deem your arrest justified, it's crucial to cooperate. Your cooperation is not just a legal requirement but also a responsible action that can prevent a resisting arrest charge. In my experience, these cases are challenging to defend, as prosecutors often side with the police. Unless we can present a compelling reason, it's easier for the judge or prosecutors to dismiss this type of case.
The next issue in resisting arrest cases in San Fernando Valley is whether you will end up serving jail time. Usually, the prosecutors want some jail time to teach the person involved to cooperate with the police when they tell them to do something.
This has to do with respecting law and order and not living in a world of chaos where no one listens to authority and does whatever they want. This argument will go against the defense argument that either the police had no right to arrest the person or were not resisting arrest, that the police overreacted and were too rough with the subject person, and then, to justify their actions, charged them with resisting arrest.
This happens almost every time the police use force against someone, and there are visible injuries that they have to justify where lawfully inflicted on the person.
Definition of Resisting Arrest – PC 148(a)(1)
Willfully resist, delay, or obstruct an officer or an emergency medical technician. At the same time, they are engaged in their legal duties; you may be charged with the crime of resisting arrest under California Penal Code section 148(a)(1). Resisting arrest often occurs when an officer is trying to put someone under arrest, and the person physically struggles with the officer resisting the arrest.
Resisting arrest is a serious offense that can have significant consequences if not properly defended. If convicted, you could face up to one year in county jail, a fine of up to $1000, and the possibility of probation. In addition to these penalties, a resisting arrest charge can also result in financial hardship, loss of jobs, and incarceration. This is where the Hedding Law Firm can help. With our experienced representation, we can work to get these charges dismissed, providing you with the confidence you need to face these legal challenges.
Defenses for Resisting Arrest
As a leading law firm in the field, the Hedding Law Firm has extensive experience in defending resisting arrest charges. We understand the complexities of these cases and are committed to providing the best possible defense for our clients. Our team will assert various defenses on your behalf, ensuring that your rights are protected throughout the legal process.
Also, suppose the officer was using excessive force in conducting the arrest, and you physically struggled with the arrest. In that case, you may have been using self-defense rather than committing the misdemeanor of resisting arrest. We will look into your charges and determine whether to find any misconduct by the authorities.
Often, many resisting arrest charges carry other costs, such as DUI, domestic violence, drug crimes, and so forth. Fortunately for you, we have extensive experience in the area of criminal practice. With our combined 75 years of experience and our skills and knowledge, we can provide competent and effective representation, giving you reason to be optimistic in the face of such legal challenges.
