PENAL CODE 148 RESISTING ARREST

Definition and Overview

Penal Code 148 Felony or Misdemeanor outlines the crime of resisting, delaying, or obstructing law enforcement officers or EMTs in the performance of their duties. This includes actions like physical resistance, verbal obstruction, or giving false information during an investigation. Violating Penal Code 148 can result in either a misdemeanor or felony charge, depending on the circumstances, although most often it is charged as a misdemeanors. However, it is important to notice that the statute primarily addresses willful actions, meaning that the accused must have intentionally resisted or obstructed law enforcement.

Importance of Understanding the Law

Understanding the nuances of Penal Code 148 Felony or misdemeanor is vital if you are facing such charges. Many individuals charged with this crime are unaware of what can be considered resisting arrest. Even minor actions like refusing to provide your name to an officer could lead to a charge under this law. Knowledge of this statute can be crucial to building a solid defense with the help of a Los Angeles criminal defense lawyer.

Definition of Arrest under California Law

In California, an arrest occurs when law enforcement officers take a person into custody based on probable cause. During the arrest process, individuals must not interfere, obstruct, or delay the officer performing their duties.

Actions Constituting Resisting Arrest

There are several actions that can be considered resisting arrest under Penal Code 148. Understanding these can help you know what behaviors to avoid and what to do if you’re accused of such actions.

Physical Resistance

Physically struggling with an officer while they attempt to make an arrest, such as pulling away or fighting back, is one of the most common forms of resisting arrest. This type of resistance can lead to more serious charges.

Verbal Obstruction

Even without physical contact, verbally obstructing or delaying an officer’s duties, such as excessive arguing or refusing to provide information, may result in charges under Penal Code 148.

Evasion and Flight

Attempting to flee the scene of a crime or evade law enforcement is another way to violate Penal Code 148. This type of resistance is often viewed more severely, especially if the individual is involved in another criminal activity.

Misdemeanor vs. Felony Charges

Many individuals wonder whether 148 PC is a felony or misdemeanor. Typically, a violation of Penal Code 148 is charged as a misdemeanor, but under certain circumstances, such removing or attempting to take a firearm from a police officer, could lead to felony charges.

Potential Penalties and Fines

If convicted of resisting arrest as a misdemeanor, penalties can include up to one year in county jail and fines of up to $1,000. Felony charges carry more severe consequences, including longer jail time up to 3 years and higher fines.

Impact on Criminal Record

A conviction for resisting arrest can leave a lasting mark on your criminal record, affecting future employment opportunities, housing, and more. In some cases, probation may be an alternative to jail time, but the charge will still remain on your record.

Lack of Intent

One common defense is showing that the accused did not act willfully. If law enforcement accidentally or misunderstood your actions, you may not be guilty of resisting arrest under Penal Code 148.

Unlawful Arrest

Another strong defense is proving that the arrest was unlawful. If officers did not have probable cause to detain you, any resistance to the arrest may be justified, and the charges could be dropped.

Mistaken Identity

In some cases, a person may be falsely accused of resisting arrest due to mistaken identity. If you were not the person involved in the alleged incident, this defense could help exonerate you.

Right to Photograph or Film

Oftentimes, police officers will demand that a person not photograph, or video-record them. However, Penal Code 148(g) clearly was written to provide protection here, which writes: the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision Penal Code 148, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.

Importance of Legal Representation

Facing charges under Penal Code 148 can be daunting, but having an experienced Los Angeles criminal defense lawyer by your side is critical. A skilled attorney can evaluate your case, explore all possible defenses, and fight to reduce or dismiss the charges against you.

Strategies for Defense

A good defense attorney will develop a strategy based on the specifics of your case. Whether challenging the officer’s conduct or showing that the arrest was unlawful, your lawyer will work to find the best path to a favorable outcome.

Building a Strong Case

At DCD LAW, we understand the importance of building a strong defense. We gather evidence, interview witnesses, and analyze body camera footage to find inconsistencies in the prosecution’s case, increasing the chances of having charges reduced or dropped.

Our Expertise in Criminal Defense

With years of experience defending clients against Penal Code 148 charges, DCD LAW has the expertise necessary to overcome the complexities of resisting arrest cases. We are dedicated to protecting your rights and ensuring the best possible outcome for your case.

Schedule a Consultation Today

If you’re facing charges for resisting arrest in Los Angeles, don’t wait to seek legal assistance. Contact DCD LAW today to schedule a consultation with a qualified Los Angeles criminal defense lawyer. We’ll review your case, explain your options, and help you take the next steps toward resolving your legal issues.