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.