California Resisting Arrest Laws

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

Under California law, resisting arrest 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. These laws apply not just to traditional police officers, but to a wide range of public officials performing their duties.

California recognizes two distinct levels of resisting charges, each with specific legal definitions, elements, and penalties. Understanding these laws is important. Resisting arrest 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.

How California Charges Resisting Arrest

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

California’s Penal Code has two offenses relating to resisting arrest:

Resisting Arrest

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

• Public officers and peace officers
• Emergency medical technicians (EMTs) and paramedics
• Firefighters

An offense under this section can also include:

• Knowingly or intentionally interfering with emergency communications
• Attempting to remove an officer’s firearm or other weapon from the officer’s person or presence

Defendants face a related offense of battery on a peace officer if they inflict bodily injury on the officer during the arrest.

Filming or photographing a law enforcement officer in the course of their duties does not constitute obstruction under this section. It does not in itself create reasonable suspicion to detain the person or probable cause for an arrest. In general, this applies to recording in a public place or on private property where the person has a legal right to be, such as their home or place of work.

Obstructing or Resisting an Executive Officer

California Penal Code Section 69 covers the more serious offense of resisting an executive officer through threats or violence, which can be charged as either a misdemeanor or a felony. Resisting an executive officer means either:

• Willfully and unlawfully attempting by threats or violence to deter or prevent an executive officer from performing their lawful duties
• Intentionally using force or violence to resist an executive officer in the performance of their lawful duties

California courts have held that an executive officer under PC 69 refers to people with discretionary authority to execute laws as part of their official duties. This includes peace officers but also extends to higher-ranking officials. Some of the positions covered are:

• Sheriffs and police chiefs
• District attorneys and their supervisory staff
• Probation officers
• Game wardens and regulatory enforcement agents
• Building inspectors and other code enforcement officers

For instance, calling in a threat to the district attorney who is prosecuting your case would fall under PC 69.

Resisting Arrest and Excessive Force

Many resisting arrest cases provoke claims of excessive use of force from the arresting officer. Excessive force claims often arise when a suspect resists arrest and an officer must use additional force to overcome the physical resistance. If the force exceeds the level needed to effect the arrest, the arrestee can make a claim for police misconduct.

California Penal Code § 835a defines when and how police officers in California may use physical and lethal force. The issue of excessive force depends on circumstances and also on each department’s policies and procedures. The regulations for the Los Angeles Police Department may be different from those in Pasadena.

Penalties for Resisting Arrest in California

California Penal Code 148 is a misdemeanor offense, punishable by up to one year in county jail, a $1,000 fine, or both.

California Penal Code 69 is a “wobbler” offense. This means the state can charge it as either a misdemeanor or a felony, depending on the circumstances. If it’s charged as a misdemeanor, it has the same penalties as above.

California prosecutors are apt to charge resisting an executive officer as a felony. A conviction can lead to up to three years in state prison and a $10,000 fine. Keep in mind that resisting arrest is often separate from any other underlying charges.

Defenses Against California Resisting Arrest Charges

Defendants charged with resisting arrest should consult a criminal defense lawyer as soon as possible. A resisting arrest charge is often used for plea bargaining purposes, and defendants should use it to their advantage.

Possible defense strategies include:

• Lack of intent: Both PC 148 and 69 require a defendant to willfully and knowingly attempt to resist an officer’s attempt to take them into custody, or to obstruct justice. If the defendant was unaware of the officer’s identity or was not deliberately trying to resist, an attorney may raise a reasonable doubt about the offense.
• Unlawful arrest: California law does not permit a defendant to legally resist an arrest, even if the arrest lacks the proper legal foundation. However, evidence that the arrest was unlawful can help undermine the state’s case. There are also some circumstances where resistance to unlawful arrest may be legally justified, particularly if there’s evidence of excessive force by police.
• Intoxication: Voluntary drunkenness is not a complete defense to any criminal charge. Still, evidence of intoxication could undermine the “willful” element of the state’s case.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. However, you should consult an attorney before making any legal decisions.

Get Legal Advice From a California Criminal Defense Attorney

Resisting arrest charges can come in two forms: a misdemeanor or a felony. If you’ve been accused of either Penal Code 148 or Penal Code 69, you’ll want a legal advocate on your side who knows the laws. Understanding the use of force laws can help develop legal defenses and keep you out of jail. If you’re facing criminal charges and jail time, reach out to an experienced California criminal defense attorney today.