Resisting Arrest And Obstruction | LA Criminal Defense
Are you being accused of failing to obey an officer’s command or were you arrested for simply arguing with police over their handling of a situation? If so, you were likely arrested for PC 148(a)(1) – Resisting Arrest or Obstruction of Justice. Defined by California Penal Code as:
Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment is guilty of resisting arrest or obstruction of justice.
Also referred to as “Delaying An Officer’s Investigation”, this criminal offense is prosecuted as a straight misdemeanor, meaning it can not be elevated to a felony and often involves either a tense verbal, and sometimes physical, exchange with law enforcement or simply not obeying a police officer’s order immediately.
Call Former Sr. Prosecutors Now At (888) 579-4844 For A Free Case Review
With almost 70 years of combined California criminal trial experience, criminal defense attorneys Paul Takakjian and Stephen Sitkoff have utilized their legal defense expertise as former LA senior prosecutors and law enforcement academy instructors to defend all misdemeanor and felony crimes in Los Angeles and throughout Southern California. As a client of our Los Angeles criminal defense firm, you will be represented by a managing partner, either Mr. Takakjian or Mr. Sitkoff, not an inexperienced associate or contract lawyer. An experienced defense lawyer can be the single most critical factor in the successful resolution of your resisting arrest case, simply because the only evidence against you is often the police officer’s word. Therefore, it is paramount that you be represented by a criminal defense attorney with expertise in the laws of evidence, laws of arrest and detention, and your protections against illegal search and seizure. Please call us now at (310) 312-8055 or toll free at (888) 579-4844 for a free no-obligation consultation to review the facts of your case and each of your potential outcomes.
California Penalties For Resisting Arrest Or Obstruction
As a straight misdemeanor, PC 148(a)(1) can only be prosecuted as a misdemeanor unless aggravating circumstances exist in your case such as resisting arrest or obstructing by way of threat or violence. In that circumstance, you would likely be charged with a felony PC 69 – Resisting An Executive Officer. Whereas in circumstances involving allegations that you initiated physical contact with a peace officer, you would likely be charged with a misdemeanor PC 243(b) – Battery on a Peace Officer. The following are the potential penalties you face if charged with a misdemeanor Resisting Arrest or Obstruction:
- Up to 1 year in County Jail
- Up $1,000 fine
- Informal or summary probation (unsupervised)
- Court ordered anger management counseling
- Community labor or service
- Loss of professional licensing or credential
Why Should You Contact Us For A Free Consultation?
Being arrested is a terrifying and stressful experience, especially when your factual version of events is contradicted by police officers. Although it may seem like prevailing in an honesty argument against a police officer may be an uphill battle, we have specialized in winning these arguments since 1987. During your free consultation with us, we will focus on providing you with the answers you seek and offering you our unique insight and perspective into the criminal process and the path ahead. Furthermore, we will patiently review each of the facts of your case and answer every one of your questions before discussing fees, since we do not employ a “one size fits all” approach to our defending our clients. Contact us now at (888) 579-4844 for a free no-obligation case review.