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San Diego Resisting Arrest Charges

Resisting arrest is a criminal offense that a prosecutor can charge as a misdemeanor or a felony (i.e., a "wobbler"). Either way, an individual convicted of resisting arrest is facing severe penalties. Criminal defense lawyer Anna R. Yum, a former prosecutor, is thoroughly experienced in the handling of charges relating to resisting arrest and battery on a peace officer, and she can help you fight the charges with an appropriate defense.

Your Conduct Is the Issue

In the California statutes, resisting arrest is defined as any conduct that "obstructs, resists, or delays an officer in the lawful performance of his or her duties." Examples of conduct that may be considered resisting arrest are:

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  • struggling with a law enforcement officer to inhibit his use of handcuffs
  • striking or kicking the officer
  • spitting at an officer
  • trying to avoid being put in a police car
  • trying to prevent an officer from getting you into a holding cell

Law Enforcement Officers and EMTs

In fact, a "resisting arrest" charge is usually processed under the California Penal code section entitled "Resisting / Delaying / Obstructing an Officer or Emergency Medical Technician," so the same rules apply to EMTs, and the "Officer" can be a municipality's police officer, a county sheriff's department officer, or a California Highway Patrol officer.

Penalties for Resisting Arrest

With a conviction for misdemeanor resisting arrest, an individual may be sentenced for up to one year in County Jail and be fined up to $1,000. A felony conviction can result in a state prison sentence as high as three years. The more serious the conduct, the more likely that a felony will be charged.

Get an Experienced Defense Attorney

Not all attorneys know how to defend an individual charged with resisting arrest. If you're facing such a charge, schedule a consultation with Anna R. Yum, a criminal lawyer in san Diego, to discuss your circumstances and explore your options.

When your future and freedom are on the line…

Choosing the right attorney makes all the difference.

You can’t change decisions you made in the past…But, when it comes to your life and freedom, you can change your future.

If you need legal assistance, call my office today for a free consultation. You will not meet with an assistant or clerk. I will personally sit down with you so that we can discuss your case and how I can help you.

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(619) 233-4433