What is the Definition of Resisting Arrest?
Resisting Arrest is defined as the act of failing to submit to an arrest or handcuffing by a law enforcement officer. It also applies to the failure of obeying an officer’s lawful order. What does it mean to resist an arrest? According to California Penal Code 148, it is knowingly impeding, resisting, or hindering any police officer from performing his or her duties. Whether this obstruction is done with physical means such as taking their weapon or simply by refusing to follow an officer’s directions, you can be charged with resisting arrest.
RESISTING AN EXECUTIVE OFFICER (PC 69)
While Penal Code 148 is a misdemeanor, resisting an executive officer (PC 69) is often prosecuted as a felony. This Penal Code states that threats of physical force or violence against an executive officer will be prosecuted as a felony. But what is an Executive Officer? An Executive officer is defined as a public employee who may exercise some or all his/her own discretion in performing his/her job duties. Examples of Executive Officers are:- Police officers, highway patrol officers, sheriffs
- Judges
- Government prosecutors and defense attorneys
- Elected officials
What are the Consequences of Resisting Arrest?
Depending on what you are charged with, whether a felony or a misdemeanor, will affect the consequences when it comes to Resisting Arrest. If you are convicted, a misdemeanor charge of resisting arrest in California you could be:- Sentenced to up to one year in jail
- A maximum $1,000 fine.
- Send you to jail from anywhere between 16 months to 3 years
- Fined up to $10,000 depending on the circumstances of the offense and based upon your own criminal history.
