Orange County Resisting Arrest Attorney – PC 148(a)(1)

Resisting arrest charges under Penal Code 148(a)(1) can have significant consequences for those accused. This misdemeanor offense occurs when an individual willfully resists, delays, or obstructs a peace officer during their lawful duties. Whether you’re accused of physically resisting, failing to follow commands, or providing false information, you could face jail time, fines, and long-lasting consequences that affect your professional and personal life. If you’re facing such charges in Orange County, it’s crucial to have an experienced Orange County resisting arrest attorney on your side.

Understanding Penal Code 148(a)(1)

Under PC 148(a)(1), you can be charged for resisting arrest without the need for violence or force. Even passive resistance—such as not following an officer’s instructions, fleeing the scene, or delaying an arrest—can result in charges. The prosecution must prove that the individual willfully resisted, delayed, or obstructed an officer while performing their duties. Convictions carry penalties including up to one year in county jail, fines up to $1,000, and other consequences like community service or probation.

Why Hire John D. Rogers?

John D. Rogers is a board-certified criminal law specialist, a certification that sets him apart from many other defense attorneys. His expertise in handling resisting arrest cases in Orange County is unmatched. This certification is a prestigious mark of excellence that few defense attorneys achieve, and it demonstrates his in-depth knowledge and proven success in criminal defense.

When defending resisting arrest charges, John D. Rogers employs a multi-faceted approach. His first step is to assess whether the arresting officer followed proper procedures and whether the force used was reasonable. For example, self-defense can be a valid argument in cases where law enforcement uses excessive or unreasonable force. If officers deviate from standard protocols or fail to identify themselves, individuals have the legal right to protect themselves, and this could be a solid defense against PC 148(a)(1) charges.

Potential Defenses to Resisting Arrest Charges

1. Lack of Willful Intent: To convict under PC 148(a)(1), the prosecution must prove that you intentionally resisted the officer. Accidental resistance or confusion does not meet this standard.
   
   
2. Unreasonable Force by the Officer: If law enforcement used unreasonable or excessive force, you may have a valid self-defense claim.
   
   
3. Officer Misconduct: In some cases, officers may exaggerate or fabricate the circumstances to protect themselves from administrative or civil consequences, especially if the suspect sustained injuries during the arrest.
   
   
4. Improper Arrest: The charges could be dismissed if the officer was not lawfully performing their duties or lacked reasonable suspicion for the arrest.

Long-Term Consequences of a Resisting Arrest Conviction

A conviction under PC 148(a)(1) doesn’t just result in jail time or fines—it can also have far-reaching consequences. For professionals, a conviction can result in the denial of an occupational or professional license, negatively impacting your career. Non-U.S. citizens may also face adverse immigration consequences. Hiring an experienced attorney like John D. Rogers is essential to protect your future.

Talk to an Experienced Orange County Resisting Arrest Attorney

If you’re facing resisting arrest charges in Orange County, time is of the essence. The Law Offices of John D. Rogers offers free consultations to evaluate your case and provide a strong defense strategy. His board certification and years of experience defending clients in Orange County make him the ideal attorney to handle complex resisting arrest cases. Contact us today to schedule a consultation with an experienced Orange County resisting arrest attorney and explore your legal options.