When an individual interferes with police making a lawful arrest, it’s called resisting arrest. The crime is typically defined as any use of physical force to prevent a peace officer from taking the defendant to jail, arresting them, or handcuffing them. In California, resisting arrest is a crime.
The California Penal Code makes it illegal to willfully delay, resist, or obstruct any emergency medical technician, police officer, or public officer.
The prosecutor has to prove:
No. Assault is an unrelated charge defined as at attempt to commit battery. Assaulting a police officer occurs when someone attempts to commit battery on a police officer, whether or not the officer is trying to make an arrest. While resisting arrest is trying to prevent the police officer from making a lawful arrest or perform their work duties.
In California, resisting arrest is charged as a misdemeanor. A conviction of resisting arrest is punishable by up to 1 year in jail and/or a fine of up to $1,000.
Yes, you should contact a criminal lawyer regarding the defenses available to fight this charge and win.
Last Modified: 08-03-2016 03:03 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.