Are you facing criminal charges for resisting arrest in Los Angeles? If so, contact The Rodriguez Law Group today for a free consultation. Resisting arrest may seem like a minor infraction, but in reality it can have serious consequences. A conviction for resisting arrest can lead to jail time, fines, and a future burdened with a criminal record. You can reduce the chances of a conviction by hiring an experienced Los Angeles resisting arrest attorney.
Ambrosio E. Rodriguez is a former prosecutor with more than 18 years of experience handling complex criminal matters. He knows that you can face serious consequences for resisting arrest and will fight to get you the best possible outcome in your criminal case. Contact his office today to schedule a free consultation. Our team will review your case, explain your legal rights, and answer any questions you have.
Resisting Arrest – California Penal Code 148(a) PC
Did you know that you can face charges for resisting arrest even if you are not being arrested? In California, the crime of resisting arrest occurs when you:
- delay, or
- obstruct a public officer in an attempt to prevent them from doing their job.
You can be charged with resisting arrest, as defined in California Penal Code 148(a) PC, if you “willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician…in the discharge or attempt to discharge any duty of his or her office or employment.”
So, the crime of resisting arrest can occur when you attempt to prevent one of the following professionals from lawfully discharging his or her legal duties:
- Public officer;
- Law enforcement officer; or
- Emergency medical technician (EMT).
For the purposes of this crime, any acts that are legal and officially related to that person’s job will be considered lawful duties. You cannot be convicted of resisting arrest if a police officer, public official, or EMT is engaged in unlawful acts, including:
- Unlawful arrest;
- Unlawful detention; and
- Unreasonable or excessive force.
Penalties for Resisting Arrest
Resisting arrest is generally charged as a misdemeanor offense in Los Angeles. If you are convicted of lawful arrest under California Penal Code Section 148 PC, you can face criminal penalties including:
- 12 months in a Los Angeles County jail;
- Probation; and/or
- $1,000 in fines.
A conviction for resisting arrest will also cause you to live with a criminal record. This means that once you have paid your debt to society by completing your criminal punishment you will still be faced with the consequences of having a record. A criminal record will make it difficult to get a job, rent or buy a home, and enroll in higher education. In some cases, your right to participate in government welfare programs and/or hold a professional license can be revoked.
Since resisting arrest is a misdemeanor offense you could potentially have your record expunged. However, this is a lengthy and expensive process. The best way to avoid the consequences of a criminal record is to not be convicted in the first place. Your chances of a successful outcome in your resisting arrest case will increase when you hire an attorney to defend you. Contact Los Angeles resisting arrest lawyer Ambrosio Rodriguez today.
Defenses to Charges for Resisting Arrest
If you are facing charges for resisting arrest it does not necessarily mean that you will be convicted of that crime. The prosecution must prove your guilt beyond a reasonable doubt, which can be difficult to do. As your attorney, it will our job to argue any legal defense that will limit the prosecution’s ability to build a strong case against you.
Legal defenses that may be argued in a resisting arrest case include:
- False accusation;
- Mistaken identity;
- Official was engaged in unlawful activity;
- Self-defense; and
- Violation of your Constitutional rights.
There are a number of crimes in Los Angeles that are related to resisting arrest. Each of these crimes is distinct and carry their own criminal consequences.
Resisting an Executive Officer. It is a crime to use force or violence to deter or prevent an executive officer from doing their job. Executive officers can include police, judges, and elected officials. [Penal Code 69 PC]
Evading an Officer. It is a crime to evade, flee, or elude a police officer while operating a motor vehicle. [Vehicle Code 2800.1 VC]
Battery of a Police Officer or Public Official. It is a crime to commit a battery against a peace officer, firefighter, EMT, lifeguard, security officer, process server, traffic officer, animal control officer, or search and rescue member engaged in their lawful duties. [Penal Code 243(b) PC]
Experienced Los Angeles Resisting Arrest Attorney
Have you or someone you know been charged with resisting arrest in Los Angeles? If so, it is important to contact an experienced criminal defense attorney as soon as you can. The prosecution will begin to build its case against you the moment you are arrested. The sooner you contact an attorney, the sooner we can begin to get to work on your defense.
At The Rodriguez Law Group, we understand that the time following an arrest can be overwhelming. We can help to make this difficult time in your life easier. We will fight to make sure that your rights are protected and that you are given every opportunity to defend yourself against the charges you face. Over the past two decades, our legal team has successfully handled thousands of criminal matters. We have the experience and resources necessary to get the best possible results for our clients. In many cases, we are able to get the charges reduced or dismissed. Contact us today to set up a free consultation.