In a high stress situation where a person is faced with being arrested, it can be almost a natural reaction to want to resist. After all, who wants to get arrested and taken to jail? No one does. This is why some people will be charged with resisting arrest. In the stress of the moment where they are afraid and not sure what else to do, they try and run from the police or they somehow use words or actions to try and avoid getting arrested. This is, of course, against the law. However, before a person can be convicted, there will have to be a case to determine the official charges and punishment.
Resisting Arrest Defined
While the normal term used is resisting arrest, the charge actually falls under Penal Code 148 – Resisting Delaying or Obstructing Officer. This by definition is:
“Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment…”
In more common language, taking your own action against a police officer that is trying to do their duties when attempting to arrest someone. Someone can be charged with this crime when they resist being arrested themselves, or when they try and stop an officer from arresting someone else.
Penalty for resisting arrest
If a person is only being charged with resisting arrest, the law details that the punishment is either time in a county jail not to exceed one year or a fine not to exceed one thousand dollars. In some cases both punishments can be imposed. To some people, a thousand dollar fine might not be so bad, but to spend a year in jail can be life altering.
We can help
Just because you have been charged with resisting arrest doesn’t mean your hands are tied. There could be circumstantial evidence that could prove that the charges may have not been warranted. If the charge is valid, there are varying levels of punishment that can be imposed. No matter the outcome, you need someone on your side, working hard for you. Our attorneys at the Downtown LA Law offices are extremely versed in criminal law and have many years of experience representing people just like you in similar cases. We have the knowledge and skill to build your case and examine the evidence from every angle to make sure nothing gets missed in your defense. We won’t just represent you in court; we’ll defend you and your rights to the end. Call our office today for your free consultation
. We can handle your case as quickly as possible to move forward and help you get your life back.