California Penal Code § 148 PC – Resisting Arrest

California Penal Code § 148 PC, commonly referred to as “Resisting Arrest,” is a statute that addresses situations where an individual willfully resists, delays, or obstructs a peace officer or emergency medical technician (EMT) in the performance of their duties. This law is crucial for maintaining public order and ensuring that law enforcement and emergency personnel can perform their responsibilities without interference.

What is § 148 PC?

California Penal Code § 148 PC specifically states: “Every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency technician in the discharge or attempt to discharge any duty of his or her office or employment.”

This law has been designed to ensure respect for law enforcement and operational integrity. It also seeks to protect officers while they perform their duties, ensuring that they can execute their responsibilities without unnecessary interference.

Elements of the Offense

To establish whether an individual has violated § 148 PC, the prosecution must prove the following elements:

1. Willfulness: The defendant must have willfully resisted, delayed, or obstructed the officer in the performance of their duties. This means that the act must be intentional and not accidental.

2. Resisting, Delaying, or Obstructing: The specific actions can vary, but they must show a clear effort to prevent an officer from performing their lawful duties. This could include verbal resistance, physically fighting, running away, or any act that interrupts the officer’s ability to perform their role.

3. Public Officer: The individual resisting must be a recognized public officer, typically a police officer, but can also include officials like firefighters, code enforcement officers, or emergency medical technicians.

4. In the Performance of Their Duties: The officer must be engaged in a lawful activity or duty, such as conducting an arrest, investigation, or emergency response.

It’s important to note that the resistance must be “willful,” meaning it is intentional and not accidental.

Common Examples of Violation

Several actions can result in a charge under § 148 PC. Common examples include:

• Physical Resistance: Physically attempting to escape or fighting back during an arrest.
• Verbal Obstruction: Using profane language or insults to impede an officer’s ability to carry out their duties.
• Providing False Information: Intentionally lying to an officer during an investigation, thus obstructing the officer’s ability to perform their job.
• Interfering with an Arrest: Attempting to prevent the apprehension or arrest of another person.

Penalties for Violating § 148 PC

Resisting arrest under § 148 PC is typically classified as a misdemeanor. The penalties can include:

• Imprisonment: Up to one year in county jail.

• Fines: A maximum fine of $1,000.

• Probation: The court may impose probation instead of jail time, depending on the circumstances of the case.

• Criminal Record: A conviction will result in a criminal record that could affect employment opportunities and other areas of life.

In certain situations, such as when a firearm is taken from an officer or when the individual has a prior conviction, the offense can be charged as a felony, leading to more severe penalties.

Defenses Against Resisting Arrest Charges

Several defenses can be employed to challenge a § 148 PC charge:

1. Unlawful Arrest: If the arrest was not based on probable cause or was conducted unlawfully, resisting such an arrest may not constitute a crime.

2. Excessive Force: If the officer used excessive force, the individual may have been justified in resisting to protect themselves.

3. Lack of Knowledge: If the individual was unaware that the person was a peace officer or EMT, they might not be guilty of resisting arrest.

4. False Allegations: In some cases, individuals may be falsely accused of resisting arrest, and evidence can be presented to refute these claims.

Related Offenses

Several related offenses can be charged in conjunction with resisting arrest:

• Battery on a Peace Officer (PC 243): If the individual uses force or violence against a peace officer, they can be charged with battery.

• Assault on a Peace Officer (PC 240): Attempting to use force or violence against a peace officer can lead to assault charges.

• Resisting an Executive Officer (PC 69): Using force or threats to prevent an executive officer from performing their duties is a more serious offense.

Conclusion

California Penal Code § 148 PC plays a vital role in ensuring that law enforcement and emergency medical personnel can perform their duties without interference. However, it’s essential to understand the nuances of this law, including what constitutes resisting arrest, the potential penalties, available defenses, and related offenses.

If you or someone you care about is facing charges under 148 PC, don’t navigate the legal system alone. The experienced criminal defense attorneys at Southwest Legal are here to help. With deep knowledge of California criminal law and a client-first approach, our team will fight to protect your rights and build the strongest possible defense. Contact us today for a free, confidential consultation and get the legal support you need when it matters most.