We are witnessing a high amount of protests in 2020. Whether it was ending quarantine or protests civil rights, police are out in force to be a presence to the protestors. Most of the situations are peaceful and everyone goes home. However, police arrest people for PC 148(a)(1) resisting, delaying, or obstructing a police officer. The facts need to be thoroughly examined. Former prosecutor Mark L. Deniz has handled hundreds of these cases and can get results on the case. Call his office for a consultation at (858) 751-4384.
What constitutes “RESISTING ARREST”?
California Penal Code (CPC) §148(a)(1) – Resisting Arrest – The crime of Resisting Arrest occurs in San Diego whenever a person resists or delays officers who’re performing duties of their positions. Penal Code §148(a)(1) is punishable as a Misdemeanor. If you’re convicted of Resisting Arrest, you face up to one year in county jail, a fine of up to $1,000, or both a fine and imprisonment.
What Does California Penal Code §148(a)(1) (Resisting Arrest) Prohibit?
In sum, to be guilty of Resisting Arrest under California Penal Code §148(a)(1), you must:
- Delay or obstruct an officer or emergency services technician; AND,
- Act while that person is performing a duty of his or her job; AND,
- Know or be reasonably aware that the person is an officer or emergency services, technician.
‘Defining “Resisting Arrest” Under California Penal Code §148(a)(1)
To convict you under CPC §148(a)(1), the prosecution must prove the following beyond a reasonable doubt:
- Willfully: You intended on doing whatever was necessary to break the law; AND,
- Resisted, Delayed, Or Obstructed: You did something specific that could’ve prevented an officer or emergency services technician from performing his or her responsibilities; AND,
- Officer or Emergency Services Technician: You resisted a police officer, public officer, peace officer or emergency services technician; AND;
- Performing Lawful Responsibilities: You interfered with the officer or emergency services technician while he or she was performing the lawful duties of his or her position; AND,
- Knew Or Reasonably Should’ve Known: You knew or reasonably should’ve known, that you were interfering with an officer or emergency services technician.
Penalties Under California Penal Code §148(a)(1)
Penal Code §148(a)(1) will be punished as a Misdemeanor. If convicted of violating §148(a)(1), you face up to one (1) year in county jail, a fine of up to $1,000 (one-thousand dollars), or both a fine and prison
It is important to examine the facts. Police reports, body cameras, computer auto dispatch messages to determine if the government has a case against you or someone you love. The key is to be proactive in San Diego to call an experienced attorney such as Mark L. Deniz at (858) 751-4384.