California Resisting Arrest Lawyer
Have you been charged with Resisting Arrest? Let Weber Law help you today!
Resisting arrest in California can come with a hefty fine, imprisonment, or both. There are different aspects to resisting arrest, all of which come with penalties. Not only can you be charged with the crime you were initially being arrested for, the charge or resisting arrest just adds to the severity of the sentence. A charge of resisting arrest can have detrimental effects on your record that can follow you for life. Do not face these charges alone. Let Weber Law help you today!
California Resisting Arrest Charges and Penalties
What is Resisting Arrest?
In California, resisting arrest, under CA PC § 148, refers to every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment is guilty of resisting arrest.
If you fight or struggle with a law enforcement officer who is trying to detain you, you could be charged with resisting arrest. Other examples of resisting arrest include but are not limited to:
1.interrupting a radio signal frequency, or radio being used by a public officer; or
2.removing or taking a firearm from a public officer in the act of their employment.
A charge of resisting arrest can be complicated to navigate in the criminal justice world. It can create a blemish on your record that will come up when you apply for jobs, or need a background check completed. Let a team of experienced attorneys help you.
What is the Punishment?
There are different punishments depending on the severity of resisting in California. Resisting arrest is punishable by a fine of not more than $1,000.00, imprisonment of less than one year, or both.
Resisting arrest that includes interrupting a radio signal frequency, or radio that is being used by a public officer is punishable by up to a year imprisonment.
Resisting arrest that includes removing or taking a firearm from a public officer is punishable by up to a year imprisonment, with the time to be determined by the court that is sentencing.
In order to be charged with resisting arrest that includes removing or taking a firearm, it must be proven that the officer’s holster strap was unfastened by the offender, the firearm was partially removed from the holster by the offender, the firearm safety was released by the offender, a witness corroborates that the offender touched the firearm, the offender’s fingerprint was found on the firearm or holster, or in the course of any struggle the officer’s firearm fell and the defendant attempted to pick it and use it.
The act of photographing or recording a public officer while in a public place, or a place the offender has a right to be, does not constitute resisting arrest, nor is it a reason to arrest or detain a person in the state of California. It is important to have all the facts surrounding California Law and your arrest. Let Weber Law take the worry from you.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try to fight these charges on your own—Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a resisting arrest charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
How Can WEBER LAW Help You?
It can be scary and nerve wracking to have criminal charges on your record. It can also be intimidating to face the court system. Let Weber Law help you today. Our experienced team is comfortable looking at evidence, negotiating potential plea agreements, and defending you in court. There are ways to fight the charge of resisting arrest, including but not limited to reasonable doubt as to why you were being arrested in the first place. Additionally, Weber Law will look at all the evidence available to the different aspects you could have been charged with, including but not limited to, seeing if the officer was in the wrong, how the radio frequency was interrupted, if there was no firearm involved, speak to potential witnesses, and even what the alleged crime you were being arrested for was and the circumstances around the arrest. Weber Law will work to lower your charge or sentence. We will fight for you to keep your record clean. Resisting arrest, no matter the circumstances, is not a charge that you want to fight alone; let our team of experienced attorneys help you navigate the criminal justice system. If you or someone you know has been charged with resisting arrest in the state of California, contact Weber Law for your free consultation today.
CA Penal Code § 148, Resisting, delaying, or obstructing officer or emergency medical technician; interference with public safety radio communications; removal or taking of weapon; punishment
CA Penal Code § 1170, Determinate sentencing
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
80 South Lake Ave. Ste. 590, Pasadena, California 91101