An arrest normally happens in a matter of few minutes or even seconds. Several things can happen in this short period. If a suspect is uncooperative with the officer doing the arrest, tries to justify their actions or talks back to the police officer, they might end up being charged with resisting arrest although they might not have been intending to resist the arrest. Resisting arrest might include: engaging in a physical confrontation with the officer or giving threats of physical violence; not conforming with the demands or orders given by the officer; giving an officer fake identification, or physically struggling to stop being restrained. In such instances, a battery might not even be hitting or punching; just touching the officer can be considered as battery, leading to very severe charges.
Resisting arrest is considered serious and is punishable in a court of law. According to the law (California Penal Code Section 148 (a) (1)), any person who intentionally delays, resists or obstructs any peace officer, public officer or emergency medical technician, in the discharge of any duty of his/her employment or office, when no other penalty is prescribed, is punishable by a fine of not more than $1,000 or by custody of not more than 1 year in a county prison, of by both the fine and incarceration.
Offenses that involve obstructing “executive officers” from implementing the law are dealt with under California Penal Code 69 PC. Obstruction might include the use of physical confrontation or verbal threats to deter an officer from carrying out his/her duties. It also involves the use of violence or force to resist officers in the performance of their duties.
A resisting arrest charge could be a felony or a misdemeanor. This is determined by the conditions of the arrest, if there was a physical force applied or not, and if there were weapons involved as the accused was resisting the arrest. Resisting or stopping an officer from carrying out his/her duty is considered a grave charge with possible severe consequences. The penalties for these charges include heavy fines and a potential jail time. Resistance during an arrest is also termed as a separate charge or offense and it is added on to the other supposed crimes the person under arrest is being assumed to have committed.
If you or someone close to you has been charged with obstruction or resisting arrest, experienced attorney Robert E. Levy can help. Robert E. Levy has a comprehensive understanding of the local courts. He will use this together with his broad knowledge of the criminal justice system in California State to offer you the best legal representation possible. He has worked with many clients in his more than 46 years of legal practice and he is passionately dedicated to protecting the rights of his clients. Remember, a good attorney makes all the difference in the outcome of your case. Call Levy Criminal Defense today for a comprehensive consultation and to get the best guidance on the way forward.
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