You can be charged with resisting arrest if law enforcement informs you that they're going to arrest you and you try to prevent them from being able to arrest you. Resisting arrest typically involves the use of some form of physical force. California Penal Code 148(a) defines the crime of resisting arrest.
If you're not cooperating with the police and you get in a fight or an argument with them, then they're going to arrest you, and they're going to have you charged with resisting arrest.
The charge can also be used if somebody interferes with the police in the performance of their duty. Somehow, that ends up getting twisted into resisting arrest.
For example, if there's a domestic violence call and the police come out and talk to the alleged victim but are unable to talk to the alleged perpetrator because he has locked himself in the bedroom, then that would be interfering with the police in the performance of their duty.
They're trying to figure out what happened and need to speak with you about it. If you're being accused in the case, then you obviously need to cooperate with them. Sometimes, a person who resists arrest can be charged with additional crimes, even if they simply cooperate with the police.
Another common example is when police are trying to break up a party. People don't always cooperate—they argue and fight, and the police end up having to arrest people just to break things up. In that situation, the person may be charged with disturbing the peace and resisting arrest.
The bottom line is that if the police need to do their job and people get in their way, they're going to start arresting those people and charging them with crimes so that they can finish whatever they need to do. At some point, the police have to act.
Is Resisting Arrest A Felony In California?
Resisting arrest is typically a misdemeanor; there is no felony charge associated with it. However, if a person physically harms a police officer, they would probably be charged with a more serious crime as well as resisting arrest.
Then, those additional crimes could be charged as felonies. The bottom line is that whenever the police are trying to restore order, and you don't cooperate with them, you run the risk of being charged with resisting arrest, battery on a police officer, and disturbing the peace. They have a host of charges they can use in that situation.
The prosecutors work closely with law enforcement. If you get charged with resisting arrest, they're going to take a close look at whatever it is you're accused of doing.
If the prosecutors believe that you are a problem and may cause future issues, they may take a harsh stance. This could result in a significant period of incarceration. Therefore, it's in your best interest to avoid situations that could lead to resisting arrest charges.
It's crucial to cooperate with the police and avoid situations that could lead to criminal charges. If you do find yourself in such a situation, it's imperative to secure legal representation. Your attorney can present your side of the story, ensuring that the prosecutors have a complete picture, not just one side of the story.
What If I were arrested for being Drunk In Public And Resisting Arrest?
When it comes to a misdemeanor case like resisting arrest, being drunk in public under California Penal Code 647(f), or disturbing the peace, the first step is to secure legal representation. Your attorney will review the police report, discuss it with the prosecutor, and then continue the case for some time. This allows your attorney to plan a strategy and discuss it with you before proceeding.
I will review the police report, discuss it with the prosecutor, and then continue the case for a period to allow myself to consult with the client and develop a strategy.
We need to decide how to handle the case and how to communicate with the prosecutors so that we can achieve the best possible results and try to keep you out of jail.
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