Posted on August 4, 2019
San Clemente Resisting Arrest Attorney
Have you been arrested or charged with resisting arrest in San Clemente? Resisting arrest is a common misdemeanor charge alleging you obstructed law enforcement during their official duties. Obstruction can occur through force, passive resistance, or even causing a slight delay to the officers duties – e.g., not pulling over sooner for a traffic violation. It is not uncommon for a person to also be charged with battery, assault, and public intoxication. A conviction for resisting arrest can have life-altering consequences for those who hold a professional license. Accordingly, with the assistance of an experienced San Clemente resisting arrest attorney, you can develop and mount a strong defense against this charge.
Overview of California Resisting Arrest Charges
Resisting arrest is charge under penal code 148(a)(1) pc making it unlawful to resist, delay, or obstruct a peace officer, firefighter, during the capacity of their official duties. The term “peace officer” is any person who holds arresting power within the state. This includes, probation officers, police officers, DA investigators, and even federal agents.
Despite several constitutional challenges, resisting arrest has repeatedly been upheld as lawful. A violation encompasses all forms of behavior and interference. For example, providing false information to a police officer or tampering with evidence are forms of “resisting arrest.”
To prove you’re guilty of resisting arrest, the prosecutor must prove the following elements beyond a reasonable doubt:
- The officer was lawfully performing or attempting to perform their duties;
- You willfully resisted, obstructed, or delayed the perform of those duties;
- You knew the individual was an officer performing their duties.
Resisting Arrest Punishment
Resisting arrest is a misdemeanor punishable by up to one (1) year in the county jail and a fine up to $1,000. The court will usually impose a period of probation for three (3) years and require you to complete community service. You could be responsible for restitution to the officer if the officer suffers some economic loss as a result of the case.
Defending Resisting Arrest Charges in San Clemente
Securing representation with an experienced attorney familiar with resisting arrest charges is crucial to mounting your defense. An effective investigation includes subpoenaing officers or business for video footage, interviewing witness, photographing all bruises or markings on your body. Common defenses include:
- Self Defense against Officers Unreasonable Use of Force
- Arresting Officer has a History of Misconduct
- Your Initial Detention was Unlawful Absent Reasonable Suspicion
- You Did Not Willfully Resist Arrest
Contact an Experienced San Clemente Resisting Arrest Attorney
Contact the Law Offices of John D. Rogers to schedule a free confidential case evaluation with an experienced San Clemente criminal defense attorney. We have an unmatched understanding of the laws concerning law enforcement protocol and we will explore ever pertinent fact when mounting your defense. We will evaluate the strength of the government’s case and develop a defense that applies to your case. There is no question that early intervention could mean the difference of serving jail time versus having the case rejected altogether.
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