In California, Penal Code 148 (PC 148) describes resisting arrest as intentionally obstructing, delaying, or otherwise resisting a peace officer or EMT in the performance of their lawful duties.

Resisting arrest is deliberately obstructing, delaying, or resisting a peace officer or EMT during their lawful duties.

This includes physical actions such as fleeing or fighting, as well as verbal acts such as providing false identification or obstructing investigations, even if you didn't intend to resist but knowingly hindered their work.

Actions such as fleeing from police, interfering with an investigation, or refusing to identify yourself can result in charges. However, merely yelling or asking for a badge number usually isn't considered resisting unless it involves obstructing the process.

While we typically think of resisting arrest in simple terms of physically trying to stop the police from arresting us, California's definition of this offense is quite a bit broader.

As noted, under PC 148, it's a crime to willfully resist, delay, or obstruct a public officer, peace officer, or emergency medical technician (EMT) in the lawful performance of their duties. This definition covers a wide range of behaviors, but it's the statute most used in resisting arrest charges.

Key Takeaways

• It is important to understand that a resisting arrest charge does not require violence or physical force.
• Many non-violent behaviors can lead to an arrest under PC 148 if they are found to have intentionally interfered with an officer's duties.
• Resisting arrest is typically charged as a misdemeanor, and a conviction can result in up to one year in county jail and a fine of up to $1,000.
• Certain aggravating behaviors can also result in felony resisting arrest charges with more severe penalties.

Behaviors That Can Lead to a PC 148 Charge

The language of PC 148 is broad, covering a wide range of actions. Let's look at several common examples of conduct that could result in resisting arrest charges.

Pulling Away or Tensing Up During Handcuffing

One of the most frequent scenarios involves physical non-compliance during an arrest.

If an officer attempts to place you in handcuffs and you deliberately pull your arm away, stiffen your body to prevent cuffing, or physically struggle to avoid restraint, you can be charged with resisting. This action is seen as a direct physical obstruction of an officer's attempt to secure a suspect.

Fleeing From an Officer

Attempting to run or walk away from an officer after being lawfully detained or told you are under arrest is a clear violation. Fleeing on foot or in a vehicle forces officers to give chase, which constitutes delaying them in the performance of their duties. This applies even if the flight is brief and unsuccessful.

Providing False Identification

Knowingly providing a law enforcement officer with a false name, date of birth, or other incorrect identifying information can constitute obstruction.

This action is not merely lying; it is an act intended to delay or impede an investigation, the writing of a citation, or the formal booking process. It hinders the officer's ability to identify the individual involved in a given situation accurately.

Physically or Verbally Interfering With an Arrest

Interfering with an officer's interaction with another person can also lead to charges. This can include stepping between an officer and a suspect, attempting to block an officer's path, or creating a disturbance that diverts the officer's attention from their primary task.

While simple verbal criticism of police action is protected speech, yelling or creating a commotion with the specific intent to obstruct an investigation or arrest can cross the line into criminal conduct.

Willfully Ignoring Lawful Commands

Although verbal disagreement alone is generally not a crime, willfully refusing to follow an officer's lawful commands can be considered delaying or obstructing.

For example, if an officer lawfully orders you to exit a vehicle, stay in one place, or move away from an active scene, and you intentionally refuse to comply, your inaction can serve as the basis for a PC 148 charge. The key is that your refusal actively delays the officer from completing a lawful task.

Attempting to Take an Officer's Weapon

Penal Code 148 includes specific provisions for attempting to remove or take a weapon from an officer. Reaching for an officer's firearm, baton, or taser during a struggle is a serious offense that elevates the potential penalties.

Even an unsuccessful attempt can lead to felony charges, particularly if a firearm is involved.

What PC 148 Requires for a Conviction

To secure a conviction, the prosecution must demonstrate all the elements of the crime that:

• You willfully resisted, delayed, or obstructed.
• The individual was a public safety officer, such as a police officer or EMT.
• The officer was carrying out a lawful duty.
• You knew or knew that the person was an officer.

What Are the Related Crimes?

• Penal Code 240 PC - assault
• Penal Code 242 PC - battery
• Penal Code 69 PC - resisting an executive officer
• Penal Code 148.9 PC - false identification to a police officer
• Penal Code 217.1(a) - assault on a public official
• Penal Code 243(b) PC - battery on a peace officer
• Vehicle Code 2800.1 VC - evading police
• Vehicle Code 2800.2 VC - felony reckless evading

Common Defenses to Resisting Arrest Charges

A charge under PC 148 does not automatically result in a conviction. A skilled California criminal defense attorney can raise several defenses on your behalf. These include, but are not limited to, the following:

• The Officer Was Not Lawfully Performing Their Duties: This is a central defense. If the officer was engaged in unlawful conduct, such as making an arrest without probable cause or conducting an illegal search, you cannot be convicted of resisting them. Evidence of police misconduct can invalidate the "lawful performance" element of the crime.
• Lack of Willful Intent: The prosecution must prove you acted willfully, or on purpose. If your actions were accidental or reflexive, such as stumbling into an officer or involuntarily jerking away from a painful grasp, it may be argued that you did not have the specific intent to resist, delay, or obstruct.
• False Accusation/Mistaken Identity: In some cases, a person may be falsely accused of resisting arrest. This can happen in chaotic situations when an officer misinterprets a person's actions or attempts to justify excessive use of force.

Our firm often files Pitchess Motions to review an officer's personnel records for past dishonesty or excessive force, with the aim of challenging their credibility in PC 148 cases.

In summary, if you are under investigation or have been arrested for Penal Code 148 PC resisting arrest, reach out to Eisner Gorin LLP for a case evaluation.

Related Content:

• California's “No Secret Police Act” (SB 627)