Resisting Arrest

 

RESISTING ARREST – WRONGFULLY ARRESTED?

UNDERSTANDING THE NATURE OF THE CHARGES

 

Many people charged with Resisting Arrest do not understand why they were arrested.  It’s not uncommon for most people to believe the police were intruding on their privacy rights and they were merely trying to explain the situation to the police.  The incident may or may not have involved aggression or anyone getting hurt.  However, aggression or an injury does not need to be shown in order for a charge to be filed by the District Attorney. Understanding why you were charged is potentially the key to resolving it.

There are three ways in which you could potentially be arrested for this crime.  Penal Code Section 148(a) states in part:  If you (1) Resisted or (2) Obstructed or (3) Delayed an officer in the performance of his/her duties, you could be arrested.  Does it mean your guilty of the charge, absolutely not.  Analyzing and breaking down the evidence to its simplest form can mitigate many elements of the charge. Mr. Christl has handled numerous “Resisting Arrest” cases both as a prosecutor and a criminal defense attorney.  His years of experience has helped him gain the knowledge necessary to dissect each element of the offense to help you get the best possible result for your case.

What Could Happen to You

Penal Code Section 148(a)(1) carries a maximum sentence of one(1) year in the county jail.  Depending upon the circumstances and the facts of the case the DA could ask for jail to be imposed.  You could find yourself charged with this offense even if you did not injure anyone.  It is important to discuss your case with Mr. Christl to determine your options and the likely outcome.  There are many ways to mitigate the overall impact of the case.

Penal Code section 148(a)(1) states:  It is a misdemeanor offense when the defendant (you) willfully resisted, delayed, or obstructed a peace officer, public officer, or an emergency medical technician (EMT), and at the time of the offense, the peace officer, public officer or EMT was engaged in or attempting to engage in the performance of his or her duties, and the defendant knew or reasonably should have known that he/she was a peace officer, public officer, or EMT engaged in the performance of their duties.

Penal Code Section 243(b) states:  It is a misdemeanor offense the defendant (you) commit a battery (slightest touching…no injury needed) upon a peace officer and at the time the peace officer was engaged in the performance of his or her duties and the defendant (you) used force or violence knowing the person was a peace officer.  Maximum sentence is one (1) year in county jail.

Penal Code Section 243(c)(1) states:  It is a felony offense to commit a battery which inflicts an injury upon a custodial officer when the custodial officer was engaged in the performance of his or her duties and the defendant (you) knew or reasonably should have known that the person was a custodial officer.  The maximum sentence is three (3) years in jail.

 

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