Resisting Arrest Defense Lawyer in Orange County
What is Resisting Arrest? - Penal Code 148(a)(1)
In California, resisting arrest can be charged to anyone accused of resisting, delaying, or obstructing any police officer from doing their duty. This charge falls under California Penal Code 148(a)(1) and is a misdemeanor. These charges can also be filed if you're accused of delaying or obstructing an emergency medical technician, such as an ambulance.
How Orange County Courts Prove Resisting Arrest Charges
To secure a conviction for a resisting arrest charge under California Penal Code 148(a)(1), the court will have to prove several things. Here are some of the facts the court must establish to convict someone for resisting arrest:
- You WILLFULLY resisted, obstructed, or delayed a police officer (or medical technician)
- The police officer (or medical technician) wasn't able to complete their job duties because you resisted, obstructed, or delayed them
- You knew--or should have reasonably known--that you were resisting, obstructing, or delaying a police officer (or medical technician) from doing their duties
Who Can Be Charged with Resisting Arrest in OC?
Anyone accused of resisting, obstructing, or delaying a police officer (or medical technician) from completing their job duties can face resisting arrest charges under Penal Code 148(a)(1). If the court believes you committed those acts on purpose while knowing that the person you were resisting, obstructing, or delaying was a police officer (or medical technician), you will be charged with resisting arrest.
For example: if you are pulled over and during the stop the officer discovers a reason to arrest you and you refuse to be handcuffed, you may face resisting arrest charges under California Penal Code 148(a)(1).
What are the Legal Defenses for an OC Resisting Arrest Charge?
A dedicated OC criminal defense attorney may be able to get charges reduced or dropped by building a strong case on your behalf. Here are two of the most common defenses used in resisting arrest cases:
- Wrongful arrest: A defense attorney may be able to prove your arrest shouldn't have happened at all. This defense comes up in many cases involving officers searching vehicles without reasonable probable cause or a warrant.
- False accusations: If a false accusation led to your arrest, it makes sense that you resisted being handcuffed or detained. An experienced defense attorney may be able to get resisting arrest charges dismissed if a false accusation led to your arrest.
Penalties for Resisting Arrest in California
In California, charges of resisting arrest under Penal Code 148(a)(1) are a misdemeanor. Here are the penalties you may face for resisting arrest charges:
- Up to 1 year in county jail
- Maximum $1,000 fine
Contact Law Office of Michael L. Guisti
At Law Office of Michael L. Guisti we understand that not every person handles an arrest well. Being arrested is a scary, nerve-wracking situation that can leave you feeling anxious about your future. Even the most peaceful people can be pushed to act out by an arrest they feel isn't reasonable. Anyone facing resisting arrest charges needs an experienced Irvine criminal defense lawyer on their side.
Law Office of Michael L. Guisti can be reached at (888) 478-8999.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.