Resisting Arrest Laws in California – Penal Code 148(a) PC
Being charged with resisting arrest under Penal Code 148(a) PC can feel overwhelming.
Many people assume it only applies when someone physically fights with the police. In reality, California's resisting statute is much broader.
Under California law, you can be charged if you willfully resist, delay, or obstruct a peace officer, public officer, or EMT while they are performing their duties.
If you are facing charges, understanding how the law works — and how to fight it — is critical.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.
What Is Penal Code 148(a) PC?
Penal Code 148(a)(1) makes it a misdemeanor to:
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Willfully resist,
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Delay, or
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Obstruct
Any peace officer, public officer, or emergency medical technician (EMT) while they are lawfully performing their duties.
This means the law applies not only to police officers but also to firefighters, paramedics, and other emergency personnel.
What Must the Prosecutor Prove?
To convict you of resisting arrest under PC 148(a), prosecutors must prove:
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You willfully resisted, delayed, or obstructed an officer or EMT.
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The officer was lawfully performing their official duties.
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You knew (or reasonably should have known) the person was an officer performing those duties.
If any one of these elements is missing, the case can fall apart.
What Does “Willfully” Mean?
“Willfully” means you acted on purpose — not accidentally.
However, you do not have to intend to resist arrest specifically. If you intentionally commit an act that results in delaying or obstructing an officer, that may be enough.
Example:
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Running away from officers during a DUI stop.
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Refusing lawful commands that delay an investigation.
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Interfering with EMTs providing medical treatment.
Common Examples of PC 148(a) Violations
Fleeing During a Traffic Stop
If you attempt to run after failing field sobriety tests, even without fighting officers, you may be charged with resisting for delaying the arrest.
Providing False Information
Providing a false name or misleading officers during an investigation may result in charges if it delays law enforcement duties.
Interfering With EMTs
Distracting or obstructing paramedics treating someone injured can qualify under the statute.
What Are the Penalties for Resisting Arrest in California?
Penal Code 148(a) is always a misdemeanor, punishable by:
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Up to 1 year in county jail
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A fine of up to $1,000
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Summary (informal) probation
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Community service or counseling
Even though it's “just a misdemeanor,” a conviction creates a permanent criminal record and can impact employment, licensing, immigration status, and professional reputation.
Can a Resisting Arrest Charge Be Expunged?
Yes. If you complete probation and meet eligibility requirements, you may petition for dismissal under Penal Code 1203.4 (commonly called an expungement).
An expungement can improve job prospects and reduce long-term consequences.
Related California Offenses
Resisting arrest is often charged alongside:
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Resisting an executive officer (PC 69)
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False identification to police (PC 148.9)
- Disturbing the peace (PC 415)
Legal Defenses to Penal Code 148(a) Charges
An experienced criminal defense attorney may use several strategies, including:
Lack of Willful Conduct
If your actions were accidental or misunderstood, the “willful” element may not be satisfied.
Officer Was Not Lawfully Performing Duties
If the arrest or detention was unlawful, you cannot be convicted of resisting.
Lack of Knowledge
If you did not know the person was an officer (for example, an unmarked vehicle or unclear identification), that may create reasonable doubt.
Self-Defense
If excessive force was used and you reacted to protect yourself, this may be a valid defense.
False Allegations
Resisting arrest charges are sometimes added to justify the force used by officers. Challenging credibility and bodycam footage can be critical.
Why Prosecutors Take Resisting Arrest Seriously
Although a misdemeanor, courts treat PC 148(a) seriously because:
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It involves alleged interference with law enforcement
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It may suggest uncooperative behavior
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It is often tied to more serious charges
In many cases, prosecutors are reluctant to dismiss resisting charges because doing so may raise questions about officer conduct.
Frequently Asked Questions (FAQs)
Is resisting arrest always physical?
No. You can be charged even without touching an officer. Delaying or obstructing verbally or through conduct may qualify.
Can I resist an unlawful arrest?
California law does not allow forceful resistance, even if you believe the arrest is unlawful. However, an unlawful detention can be used as a legal defense in court.
Will I go to jail for PC 148(a)?
Not necessarily. Many first-time offenders receive probation. However, jail is possible depending on the facts and criminal history.
Can resisting arrest affect my immigration status?
Yes. Any criminal conviction can impact immigration consequences. Consult an attorney immediately if you are not a U.S. citizen.
Can the charge be reduced?
Yes. In some cases, attorneys can negotiate for dismissal, diversion, or reduced charges — especially through pre-filing intervention.
What To Do If You're Charged With Resisting Arrest
If you have been arrested or cited for violating Penal Code 148(a):
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Do not discuss the case with police.
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Do not post about it on social media.
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Preserve any evidence (videos, witness information).
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Contact an experienced criminal defense attorney immediately.
Early intervention can make a significant difference in whether charges are filed, reduced, or dismissed.
Speak With a California Criminal Defense Lawyer Today
A resisting arrest charge may seem minor — but it can carry long-term consequences.
A strategic legal defense can:
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Challenge probable cause
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Suppress unlawfully obtained evidence
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Negotiate reduced charges
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Seek dismissal before filing
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Protect your record and future
If you are facing Penal Code 148(a) charges in California, consulting with an experienced criminal defense attorney is the first step toward protecting your rights.
Your future is too important to leave to chance.
Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.
If you have one phone call from jail, call us! If you are facing criminal charges,