What is Resisting Arrest?

“Stop resisting!” “Stop resisting!” Have you heard those words said to you? Have you been accused of resisting arrest? What does that mean? While resisting arrest sounds straightforward, many people are surprised to learn how easily a situation can escalate into a criminal charge, even when they never intended to interfere with law enforcement.

That is exactly what happened to my client. Despite him never retreating backwards, putting hands on the officer, running away, thrashing his body on the ground, or “tensing his body” as officers like to call it, he was arrested for Penal Code section 148(a)(1) – resisting arrest.  In fact, my client reiterated many times to the officers, “I am not resisting. I am not resisting.” However, that did not matter.  Officers kept saying, “Stop resisting.”

At trial, the prosecution argued exigent circumstances justified the officers’ actions. However, we presented evidence showing there was no ongoing emergency, officers did not react in a way to suggest there was one, and the officer’s body worn camera showed my client did not resist. In the end, the jury agreed!

What is Resisting Arrest Under Penal Code section 148(a)(1)?

California Penal Code § 148(a)(1) makes it a misdemeanor to:

“Willfully resist, delay, or obstruct a peace officer or EMT in the course of their duties.”

Importantly, you do not have to use violence to face this charge. Actions that can lead to a PC 148 arrest include:

• Pulling away or tensing up during handcuffing
• Refusing to follow an officer’s commands
• Giving false information during a lawful detention
• Running from police
• Interfering with an arrest or investigation involving someone else

What are the Penalties for Resisting Arrest?

PC 148(a)(1) is a misdemeanor. If you are charged with resisting arrest, it is punishable by:

• Up to 1 year in county jail
• Up to $ 1,000 in fines
• Informal (summary) probation

Additionally, a conviction creates a criminal record, which can affect employment, licensing, immigration status, and future background checks.

More serious conduct, such as resisting an officer causing injury, can lead to a felony charge.

What are Common Defenses to PC 148 charges?

A skilled criminal defense attorney will look closely at the circumstances of the arrest and investigate whether the charges are justified. Common defenses include:

1. The Officer was Not Performing His/Her Lawful Duties
   • If the detention or arrest was lacking reasonable suspicion or using excessive force
2. You did not willfully arrest
   • PC 148(a)(1) requires specific intent. For example, panic, confusion, or involuntary reactions do not meet the legal standard.
3. Mere Passive Resistance is Not Enough
   • Simple non-cooperation alone may not be sufficient for a conviction
4. False Accusations or Misunderstandings
   • Sometimes, officers misinterpret innocent behavior as resistance, especially in tense or chaotic situations
   • High-stress situations can cause officers to misinterpret someone’s movements, words, or tone as “resistance” even when no interference occurred.
5. Insufficient Evidence
   • The officer’s body worn camera does not match what’s in the report. Inconsistencies in police reports often undermine the prosecution’s claims.

How do “Exigent Circumstances” Come into Play in a PC 148 case?

In many resisting-arrest cases, officers defend their actions by claiming there were exigent circumstances, which are situations that created an urgent need to act quickly without following standard procedures. Examples include:

• Protecting someone from immediate harm
• Preventing the destruction of evidence
• Pursuing a fleeing suspect
• Responding to a rapidly evolving or dangerous situation

Under these conditions, officers may argue they were forced to act in a way they normally wouldn’t, and that any delay, hesitation, or questioning by the individual amounted to “resistance.”

Why Do Officers Often Claim Exigent Circumstances?

In PC 148 cases, police commonly cite exigent circumstances to justify:

• Using force
• Making a quick arrest
• Ordering someone to move or comply immediately
• Skipping steps normally required for a lawful stop or search

This claim can be used to strengthen the argument that the officer was “lawfully performing their duties,” which the prosecution must prove beyond a reasonable doubt.

How Can We Challenge These Claims?

The Law Office of Victor Nasser will scrutinize whether real exigent circumstances existed. This can involve examining:

• Body-camera and surveillance video
• The timeline of events
• Officer statements and reports
• Witness accounts
• Whether lesser, safer alternatives were available

If exigent circumstances did not genuinely exist, then the officer’s actions may not have been lawful, and as such, undermining the PC 148 charge and potentially leading to a dismissal.

What Can You Do If You Have Been Charged with Violating PC 148 in California?

If you have been accused of resisting arrest, it is important to:

1. Avoid discussing the incident with police until legal representation. Remember, you have a right to remain silent.
2. Preserve any evidence, including videos, photos, witness information
3. Contact us.

Our firm, The Law Office of Victor Nasser understands how quickly routine encounters can escalate into PC 148 allegations, and how often prosecutors rely on shaky claims about “exigent circumstances.” We know how to challenge these assertions and defend your rights.

If you or someone you love is facing a resisting arrest charge, contact us today for a confidential consultation.