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What constitutes "Resisting Arrest"? (Penal Code 148 PC) California Penal Code § 148 (a) (1) PC makes it a crime willfully to resist, delay or obstruct peace officers or EMTs who are performing their official duties. This offense is a misdemeanor punishable by up to one year in county jail and fines of up to $1000.00.

(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 prescrib...

2022年2月22日 · While resisting an officer may be grounds for a conviction under PC 148a1, so can delaying or obstructing an officer or an EMT. A prosecutor must prove three elements to successfully convict a person of a crime under Penal Code 148a1.

Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170.

2025年2月20日 · Justia - California Criminal Jury Instructions (CALCRIM) (2024) 2656. Resisting Peace Officer, Public Officer, or EMT (Pen. Code, § 148(a)) - Free Legal Information - Laws, Blogs, Legal Services and More

2021年12月8日 · California Penal Code 148 makes it illegal to resist an arrest performed by a law enforcement official or first responder in the line of duty. The punishments for violating PC 148 are a fine up to $1,000, one year of imprisonment in a county jail or both.

(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 prescrib...

If your arresting officer uses excessive force during your arrest, you are within your rights to run, resist, or defend yourself if necessary. California Penal Code 148 PC makes a specific mention of situations where it’s legal for someone to resist arrest if they are defending themselves or someone else. The section specifically says:

(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 prescrib...