Penal Code 69 PC – Resisting an Executive Officer

Under California Penal Code 69, it is a crime to either:

• Attempt to deter or prevent an executive officer from performing their duties using threats or violence, or
• Resist an executive officer with force or violence while they are performing their duties.

A conviction under Penal Code 69 can lead to significant legal consequences, depending on the circumstances and severity of the act.

An “executive officer” refers to a public official who uses discretion in performing lawful duties. This includes:

• Police officers and sheriffs
  
• Judges
  
• District attorneys and public defenders
  
• Elected officials
  

These individuals are protected under PC 69 when performing official duties, such as enforcing the law or managing government operations.

This form involves physically resisting or attacking an executive officer. For example, shoving a police officer trying to make a lawful arrest may result in a PC 69 charge.

This occurs when someone makes threats—either verbal, written, or implied—to prevent an officer from doing their job. You don’t need to physically harm them; a credible threat alone could lead to charges under Penal Code 69.

PC 69 is classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances and the accused’s criminal history.

1. Misdemeanor:

• Up to 1 year in county jail
  
• Fine of up to $10,000
  
• Summary probation
  

2. Felony:

• 16 months, 2 years, or 3 years in county jail
  
• Formal probation
  
• Permanent loss of gun rights
  

In some cases, felony convictions under PC 69 may even carry immigration consequences, such as deportation for non-citizens.

You have the legal right to protect yourself if an officer is using excessive or unlawful force. If you reasonably believed you were in danger, this can be a valid defense.

Sometimes, what’s perceived as “resistance” is actually a misunderstanding or false claim. For example, verbally disagreeing with an officer isn’t necessarily a threat or violence under PC 69.

To convict someone, the prosecution must prove that the action was intentional. If you acted without the intent to resist or deter the officer, your defense could challenge the mental state required for conviction.

If the officer was not performing a lawful duty—for example, using unreasonable force or making an unlawful arrest—then you cannot be convicted under Penal Code 69.

The first and most critical step is to consult with a qualified criminal defense lawyer in Los Angeles. At DCD LAW, we specialize in defending clients against serious charges like PC 69.

Collect videos, text messages, or eyewitness accounts that support your side of the story. These can be crucial for building a solid defense.

Knowing your rights during the arrest and prosecution process empowers you to make informed decisions and avoid worsening your legal situation.

At DCD LAW, our firm exclusively handles criminal defense, and we are deeply familiar with the nuances of Penal Code 69 PC. We’ve helped clients facing similar charges in Los Angeles, San Fernando, Pasadena, and surrounding areas.

Our team employs aggressive defense tactics, including prefile intervention, challenging officer credibility via Pitchess motions, and negotiating reduced charges.

Choosing the right legal team can make or break your case. DCD LAW is known for:

• Relentless representation from arrest to trial.
• Deep knowledge of California’s criminal justice system.
• Proven results in defending complex criminal charges.

If you or someone you know is facing charges under Penal Code 69 PC, don’t wait. Contact DCD LAW for a free case evaluation today. Call us at (818) 722-8793 – available 24/7.