{"id":371831,"date":"2016-10-13T11:14:46","date_gmt":"2016-10-13T16:14:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-resisting-arrest-laws.html"},"modified":"2025-10-17T09:52:08","modified_gmt":"2025-10-17T14:52:08","slug":"california-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-resisting-arrest-laws.html","title":{"rendered":"California Resisting Arrest Laws"},"content":{"rendered":"\n
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California Resisting Arrest Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California resisting arrest<\/span> laws<\/span> criminalize interfering with, obstructing<\/span>, or using force against law enforcement officers<\/span> performing their lawful duties<\/span>. Under California Penal Code<\/span> Section<\/span> 148, resisting arrest<\/span> is a misdemeanor<\/span> involving resistance, delay, or obstruction<\/span> of any public officer<\/span>. Section 69 covers the more serious felony offense of resisting an executive officer<\/span> through threats or violence.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

It\u2019s normal to think of resisting arrest<\/span> in terms of dramatic chases involving a suspect fleeing from a police officer<\/span>, with the officer using force to place the suspect in custody. However, California’s resisting arrest<\/span> laws<\/span> are much broader than most people realize.<\/p>\n

Under California law<\/span>, resisting arrest<\/span> doesn’t require physical force or even an actual arrest. Simple actions like failing to comply with lawful orders or interfering with police duties can result in criminal charges<\/span>. These laws apply not just to traditional police officers<\/span>, but to a wide range of public officials performing their duties.<\/p>\n

California recognizes two distinct levels of resisting charges, each with specific legal definitions, elements, and penalties. Understanding these laws is important. Resisting arrest<\/span> can result in charges being filed even when other charges are dropped. Conviction can carry serious consequences that can affect employment, housing, and other aspects of life.<\/p>\n

How California Charges Resisting Arrest<\/span><\/h2>\n

If someone faces resisting arrest<\/span> charges<\/span> in California, they may have violated one of two sections in the California Penal Code<\/span>. Only one requires physical force. Threatening, harassing, or obstructing<\/span> an officer can become a resisting charge.<\/p>\n

California\u2019s Penal Code<\/span> has two offenses relating to resisting arrest<\/span>:<\/p>\n

Resisting Arrest<\/span><\/h3>\n

The crime of resisting arrest<\/span> falls under California Penal Code<\/span> Section<\/span> 148<\/a>, which makes it a crime to resist, delay, or obstruct law enforcement officers<\/span> or emergency responders. This includes:<\/p>\n