Array

Resisting Arrest in California – Penal Code 148

Must Read

The importance of business blogs

So much talk about the benefits of blogging for businesses in the Internet age. Seek and you say the...

Debt Consolidation Loan Rates – What You Need To Know

Debt consolidation is a popular way for many Americans to escape debt, but before you decide this is the...

Student Loan Consolidation Information – What Is The FFELP – Federal Family Education Loan Program

As part of any research when looking at your student loan consolidation information alternatives you need to consider the...

Quick technology tips

The particular cloud computing technologies you choose (if any) depend on your working practices, your business size, your current...

Parent Plus Loan Consolidation

If you are a graduate student or a parent that has multiple plus student loans then you may be...

Student Loan Consolidation Services: Why Should You Consider Consolidating Your Student Loans?

For those of you that have significant student debts based on several years of college or graduate school, you...
Admin
test

Resisting arrest is a charge that is seen increasingly. A person can be arrested and charged with this crime for doing anything contrary to the officer’s instructions, including even asking questions of the officer. Of course, more serious fighting, resisting, and obstructing a peace officer’s duties can also be charged under this statute.The applicable law in this situation is California Penal Code (CPC or PC) section 148, which states:”(a) (1) 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, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.”Under the law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician, in performing his/her duties, shall be punished by a fine of up to $1,000, or up to one year in a county jail, or both, if charged as a misdemeanor. If “great bodily injury” occurs to a police officer, then the case can be charged as a felony, making the maximum go up substantially – to three years in prison and a fine of over $2,000.00.This misdemeanor most often gets charged in situations where a police officer goes to arrest someone, and the person struggles physically to avoid being taken into custody. Police then have to apply force to restrain the suspect. Essentially this means that anything that prevents an officer from conducting an investigation and making an arrest qualifies as “resisting arrest.” Other examples would include providing a false identity to an arresting officer or filing a false police report.Many of these cases involve a police officer’s word against a suspect’s word. In these instances, defense attorneys will want to conduct a “Pitchess Motion” to see the entire personnel and complaint history of the officer. It may turn out that the officer has been accused in the past of excessive force and making false accusations against suspects. If so, the defense can use this to challenge the officer’s credibility, and often get the resisting arrest case reduced or dismissed.In handling resisting arrest or PC 148 charges over the last 15 years, I have noticed that once this charge is alleged, prosecutors, who like to show they are “tough” on crimes against police officers. What helps, however, is to show any facts that are outside of the criminal police report written by the police officers, to show that there is another world of additional facts that might change their opinion of the case. Statements from witnesses not otherwise fully interviewed by the police, and videos, can often be very helpful in this regard.

Latest News

Digital Marketing for Beginners

Digital marketing for starter, Let to basic learning about connecting with your audience in the right place...

What are 7 things poor people do that the rich don’t?

1. poor people watch TV in which people read books how many hours you spend in front of the TV and when...

Top 18 best small business ideas for beginners starting

A small business can be frightening and requires plenty of careful planning there are many small business ideas which can be beneficial...

Summer that makes you happy

We saw were already here I've been thinking about some of the things. I used to do with my husband even though...

4 Point to helpful tips specifically for caregivers

What you need to take a vacation. I know it sounds impossible creative and try to make it work for you almost...

More Articles Like This