What It Means to Be Charged with Resisting Arrest

If you have been charged with resisting arrest, there may be options for a legal defense.

What It Means to Be Charged with Resisting ArrestIn recent months and years, a wave of protests have swept across the nation, resulting in mass arrests of demonstrators — often on the charge of “resisting arrest.” Whether you agree with the cause of the protestors, many people are disturbed by the idea of a person being arrested for “resisting arrest” if they are not otherwise breaking the law. So what exactly does it mean to “resist arrest”?

In California, the crime of resisting arrest can be charged whenever a person willfully resists, delays, or otherwise obstructs a law enforcement officer or emergency medical technician (EMT) while he or she is performing or attempting to perform his or her duties. This is a very broadly written criminal law, which means that it can be used to charge someone who interferes with a police officer who is traveling to get to a crime scene, or who is attempting to interview a witness, or even an EMT who is driving to an accident.

For a prosecutor to prove the charge of resisting arrest, he or she will need to demonstrate three elements:

  1. There was a public officer, peace officer or EMT lawfully performing or attempting to perform his or her duties;
  2. You willfully resisted, obstructed, or delayed him or her in the performance or attempted performance of those duties; and
  3. You knew or reasonably should have known that he or she was an officer or an EMT engaged in those duties.

Resisting arrest is a misdemeanor offense, with potential penalties including from up to one year in county jail and/or a fine of up to $1,000.

While resisting arrest may seem like a relatively minor crime, if you are convicted of this offense, it can have a major impact on your future. That is why it is so important to hire a skilled Los Angeles criminal defense attorney if you have been charged with resisting arrest.

A knowledgeable Los Angeles criminal defense attorney can put together a number of factual and legal defenses to the charge of resisting arrest. For example, one of the top defenses to this charge is that the arrest itself was unlawful due to police misconduct. Notice that the elements of the crime include that the police officer must be lawfully performing his or her duties. If the police are not doing something lawful — for example, by conducting an illegal search or arresting you without probable cause — then you cannot have violated the law. Similarly, if the police are using excessive force, then they are once again not acting lawfully — and you are not resisting arrest if you act in self defense against this force.

While the charge of resisting arrest is serious, a skilled Los Angeles criminal defense attorney can often have it reduced or dismissed. At the Chambers Law Firm, our attorneys are committed to helping our clients who are wrongfully charged with resisting arrest and other California crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.

.
Call Us Today