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 day and age, the defense is much more likely to successfully convince a jury that the police acted inappropriately than in days past. The general public is more likely to believe that the police acted inappropriately than ever before.
If the police decide that they are justified in arresting you, you must cooperate with them or be subject to being charged with resisting arrest. In my experience, these cases are difficult to defend because the prosecutors will usually back the police and not listen to the excuses of the defense. Unless we can develop a reason that makes sense, it will be difficult for the judge or prosecutors to dismiss this type of case.
The next issue in resisting arrest cases in San Fernando Valley has to do with whether you will end up serving any 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 the argument of 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 says the police had no right to arrest the person or were not resisting arrest and 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.
The crime is charged as a misdemeanor and is punishable by up to one year in county jail, a fine of up to $1000, and a possibility of probation. If not appropriately defended, these charges can result in financial hardship, loss of jobs, and incarceration. This is where we step in on your behalf and do everything we can to get these charges dismissed.
Defenses for Resisting Arrest
There are defenses that the Hedding Law Firm may and will assert on your behalf if you are facing resisting arrest charges. For example, if the arrest was unlawful (in several ways, an arrest may be illegal), you can not be guilty of resisting arrest.
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 determined 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. We guarantee competent and effective representation with our combined 75 years of experience and our skill and knowledge.
