California’s ‘Resisting Arrest’ Laws (148PC) – What You Need to Know

Many people are aware that it’s illegal to obstruct a police officer while they attempt to arrest you or someone else.

However, it’s important to know that California’s resisting arrest laws cover a number of other situations as well. For example, it is also illegal to interfere with an EMT while they are performing the duties of their job. You also cannot impede a police officer when they are traveling to the scene of a crime. 

Resisting arrest is a misdemeanor under California law, punishable by up to a year in jail and fines of up to $1,000. 

California’s definition of resisting arrest is broad, and overzealous prosecutors have been known to charge people with resisting arrest in cases where it really doesn’t apply. If you or someone you know has been charged with resisting arrest, it’s important to speak with a skilled criminal defense attorney as soon as possible.

What are ‘resisting arrest’ and ‘obstructing a law enforcement officer’?

In order to convict someone of a crime, a prosecutor has to prove that certain facts of the case are true. These are known as the “elements of the crime.”

The crimes of “resisting arrest” and “obstructing a law enforcement officer” are both defined under California Penal Code 148, which has three elements:

1. The defendant willfully obstructed, delayed or obstructed a police officer or EMT. 
2. The defendant did this while the police officer or EMT was in the performance of their official duties.
3. The defendant knew or should’ve known that the police officer or EMT was performing their official duties.

It’s important to note that the law uses the language willfully, meaning that it is not resisting arrest or obstructing a law enforcement officer if the defendant’s actions were not meant to prevent the police officer from performing their job. Let’s look at two examples:

Example 1: A convenience store is being robbed, and the police are on scene, trying to convince the suspect to surrender. Tom is driving in his car and, unaware of what is going on, pulls into the parking lot where the scene is unfolding. Tom’s abrupt appearance provides enough distraction for the suspect to successfully flee. Even though Tom’s actions did prevent the police from performing their duties, his actions were unintentional, so he did not obstruct a police officer.

Example 2: Following the robbery, police are interviewing witnesses on the scene to gather information. While one police officer is interviewing a witness, two bystanders loudly and aggressively heckle the officer, which impedes his ability to conduct the interview. Because they willfully obstructed the officer’s ability to do his job, the bystanders could be guilty of obstructing a police officer.

Penalties for resisting arrest and obstructing a police officer

Resisting arrest and obstructing a police are both misdemeanors under California law, punishable by:

• Up to a year in county jail
• Up to $1,000 in fines

Depending on the circumstances of the case and the defendant’s criminal history, it’s also possible for penalties to be reduced to misdemeanor summary probation instead of any jail time. Ask your attorney if this will be possible for you.

Defenses against resisting arrest charges

As we mentioned above, a key component of 148PC is the requirement that the defendant have “willfully” obstructed the police officer or EMT in the performance of their job.

If the evidence shows that the defendant had no intent to impede the officer, then resisting arrest and obstructing a police officer charges cannot stick. It’s common to see cases of false accusations, where the defendant did something the officer didn’t like but was still legal, and they’ve now been charged with resisting arrest.

When the evidence comes under the close examination of a skilled attorney, the charges fall apart and it becomes possible to clear your name.

Robert M. Helfend has practiced criminal defense in the Los Angeles area since 1984, successfully defending thousands of clients in that time. He was recently honored by his peers with selections in the SuperLawyers list, National Trial Lawyers Top 100 and Lead Counsel.

Call today for your free case evaluation – 800-834-6434.