When the term “resisting arrest” comes up, most people envision a suspect physically struggling against an officer attempting to handcuff them. However, in practical terms, resisting arrest need not involve any physical violence, nor does it necessarily have to occur during an actual arrest.
According to Section 148 of the California Penal Code, any intentional act that hinders, delays, or obstructs a law enforcement officer or EMT in the performance of their routine duties could lead to criminal charges. Instances can include:
- Intentionally blocking an officer’s path to prevent them from accessing another person
- Going limp and refusing to walk towards the police car upon arrest
- Declining to identify oneself during booking
If you are facing this or another criminal charge in California, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation from a trusted Orange County criminal defense attorney.
Potential Defenses Against Resisting Arrest
In most jurisdictions, charges of resisting arrest can be dismissed if the defendant can demonstrate that the arrest was unlawful. Nevertheless, if the resistance was violent, charges of assaulting a peace officer would still stand and need to be separately contested. However, California’s Penal Code makes no allowance for this defense. Resistance to any arrest, even an unlawful one, could lead to a conviction under Section 148.
If you find yourself accused of intentionally resisting, delaying, or obstructing an officer of the law in California, your defense essentially has two potential angles:
- Self-Defense: California law does allow individuals to resist arrest, even by using force, if they reasonably fear for their life due to the arresting officer’s unjustifiable use of excessive force. The critical element in using the self-defense strategy for any charge is demonstrating that a reasonable person would have a justifiable fear of significant injury or death based on the officer’s conduct.
- Absence of Intent: As the statute necessitates that the obstruction, delay, or resistance be deliberate and intentional, another plausible defense against charges of resisting arrest—whether violent or nonviolent—lies in establishing a lack of intent. For instance, an individual accused of obstructing an officer by standing in their way might be hearing impaired and thus unable to hear instructions to move, or perhaps an individual accused of pushing an officer might have tripped, making the contact unintentional.
Enlist the Expertise of a Professional Legal Advocate like Dan E. Chambers
If you are facing charges for resisting arrest, you might require two distinct defense strategies: one for the alleged resistance or obstruction and another for the charge that initially led to your arrest. Hence, it’s crucial to engage a comprehensive criminal defense attorney like Dan E. Chambers, who can formulate an effective defense against a spectrum of charges. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation today.
