Does PC 148(a)(1) Require Force or Violence Against a Police Officer?
Resisting arrest under California Penal Code 148(a)(1) is a criminal offense that occurs when an individual willfully resists, delays, or obstructs a peace officer in the performance of their duties. This offense is commonly associated with the use of force or violence against a police officer, but it is important to note that the law does not require the use of force or violence in order for someone to be charged with resisting arrest.
Under PC 148(a)(1), the prosecution must prove that the defendant willfully resisted, delayed, or obstructed a peace officer in the performance of their duties. Willfully means that the individual acted with the specific intent to resist, delay, or obstruct the officer, and it does not require that the individual used force or violence. This means that even if an individual passively resists arrest by refusing to comply with an officer’s commands or by running away, they can still be charged with resisting arrest under Penal Code 148(a)(1).
Examples of actions that can be considered resisting arrest without the use of force or violence include:
- Refusing to comply with an officer’s commands to put your hands behind your back
- Running away from an officer attempting to arrest you
- Providing a false name or identification to an officer
- Interfering with an officer’s attempt to arrest another person
Penalties for resisting arrest can vary depending on the circumstances of the case and the defendant’s criminal history. Typically, a conviction for resisting arrest is a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000.
If you have been charged with resisting arrest, then you need to protect your rights. Give the Law Offices of John D. Rogers a call today to schedule a free consultation with an experienced criminal defense attorney.