Have You Been Charged With Resisting Arrest?

The San Diego Police Department (SDPD) and other San Diego County agencies will not hesitate to threaten and arrest you if you do not follow their every command. They often rush to judgment and aggressively take over a situation without the professionalism you expect and deserve.

Being accused of a crime against the police is not a good spot to be in. Such charges are aggressively prosecuted, making it seem that you are guilty until proven innocent. You face significant prison time and heavy fines, up to $10,000 for a felony charge.

Police reports of resisting arrest and other crimes against officers are often embellished, and the criminal justice system will find it difficult to take your word over the officer's word.

A Proactive Defense Attorney Can Turn Your Case Around

Retaining professional defense representation from an accomplished and strategic San Diego criminal defense lawyer is imperative. If you or someone you know was charged with resisting arrest or other crimes, please call The Law Offices of Mark Deniz APLC today to get a free case evaluation. I serve clients throughout San Diego County, from Chula Vista to Escondido.

I am responsive and available to take charge of your case now. I will help you understand your full legal rights and options. With over 10 years of experience as a California defense attorney and former veteran prosecutor, I know prosecution techniques and how to capitalize on all opportunities in your case to mitigate the charges and consequences you face.

I will begin investigating your case from day one, examining police reports, analyzing evidence, collaborating with independent law enforcement experts as necessary and building a customized case for your specific situation.

We will look into several possibilities and defenses, including unlawful arrest, police officer procedure violations (police misconduct/police brutality), falsified police report, false allegations and self-defense against a police officer using excessive force.

Violations Of Resisting Arrest Law In California

California Penal Code Section 148(a)(1) defines the resisting arrest law: It is illegal to willfully resist, delay or obstruct public officers, peace officers or emergency medical technicians while they are discharging or attempting to discharge any of their duties. Physical contact with an officer or medical technician is not necessary for you to be charged with a crime.

Violations of the law may include:

  • False identification during the process of investigation, arrest or detention
  • Putting up a struggle while being handcuffed or put in a police car
  • Running from a police officer who is attempting to arrest you
  • Interfering with public safety communication radio transmission

These violations may be charged as misdemeanors, but using force, a weapon or injuring an officer during an attempted arrest may result in increased charges. Additionally, prosecutors may charge you with a felony if you have a history of other criminal convictions or if your behavior during the attempted arrest was egregious.

If this was the first time that you have been arrested, I will explore mitigating factors to the charges. For example, if your injuries during the arrest were more severe than the officer's injuries, or if the officer did not have lawful probable cause for the rest, the prosecutor is more likely to charge you with a misdemeanor and perhaps drop the charges with my representation.

I can also provide immediate, proactive defense regarding additional violations often associated with resisting arrest charges, including:

  • Using threats, force or violence to resist arrest (Penal Code Section 69)
  • Disarming or taking an officer's weapon while resisting arrest (Penal Code Section 148(b-d))
  • Injuring an officer during an arrest resulting in death or serious bodily injury to an officer (Penal Code Section 140.10(a))
  • Battery against a police officer, firefighter or EMT (Penal Code Section 243(c))
  • Evading a police officer and evading a police officer with reckless driving (Vehicle Code Sections 2800.1, 2800.2)

Take Charge Of Your Defense

I will take action on your behalf from day one. I handle all cases my firm takes on personally, and all conversations with me are confidential. Please call 858-429-9982 to schedule a free initial consultation.

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: (1) The officer's holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer's holster by the defendant. (3) The firearm safety was released by the defendant. (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. (6) The defendant's fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up. (e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.

Contact the Law Office of Mark Deniz now for a free case evaluation at 858-429-9982.