A person is sometimes arrestedResisting_Arrest and charged with this crime for doing anything contrary to the officer’s instructions – even asking questions of the officer! Of course fighting, resisting, and obstructing a peace officer’s duties can also be charged under this statute.
Resisting arrest is defined under Penal Code 148 as willfully resisting, delaying, or obstructing a peace officer or emergency medical technician (EMT) in the performance of his or her official duties. It is usually charged as a misdemeanor; however, in certain circumstances, it is chargeable as a felony.
There are various defenses to resisting arrest, including that the officer was not lawfully performing his official duties as by stopping and frisking someone without reasonable suspicion or probable cause.
If you have been charged with resisting arrest or similar crimes, contact Alanna D. Coopersmith at (510) 628-0596 for a free consultation about your case.