Riverside Resisting Arrest Lawyer
The California penal code describes a crime that is commonly referred to as “resisting arrest”. This is outlined under penal code 148(a)(1). This covers a broad range of behavior beyond just fighting off a police officer’s attempt to arrest you. The resisting arrest law on the books in California prevents you from:
Resisting or otherwise blocking a law enforcement officer emergency medical responder while he or she is in the process of performing their job duties. These duties could include arresting someone but may also include a broad number of other activities on the spectrum of their job, including:
- Monitoring a criminal suspect currently in custody.
- Interviewing people in order to evaluate a crime.
- Traveling to the scene of an accident or a crime.
What Qualifies as Resisting Arrest in Riverside, CA?
The California laws outline that resisting arrests can include numerous different types of behavior carried out by an individual such as giving a false name to police officers who are questioning you about your possible role in a crime or fighting back when officers are trying to cuff you.
Even if you are making fun of police officers attempting to arrest a friend, you could be charged with resisting arrest. While this is a misdemeanor crime that does come with various penalties, these penalties include up to a year spent in county jail and a fine as high as $1000. Even though this might seem like a minor situation, it is critical that you fight any charges of resisting arrest and get a advice from a criminal attorney immediately.
Defenses to Resisting Arrest in CA
Some of the most common legal defenses associated with resisting arrest include:
- Being falsely accused.
- Acting in self-defense.
- The police were involved in police misconduct at the time.
You need to schedule a consultation with an experienced criminal defense attorney immediately to give you the best possible chance to avoid these charges. The legal definition of resisting arrest in California must involve all three of the following elements:
- That there is a public officer, emergency medical technician or peace officer lawfully attempting to perform their duties.
- That you obstructed, delayed or resisted that individual from the performance of those duties, and
- You should have known that the other person was an emergency responder or a police officer carrying out those duties.
Get Resisting Arrest Criminal Defense Help
You could be accused of acting willfully when you commit an act willfully or on purpose. It does not matter whether or not you intended to hurt someone else, rather only that the act was intentional. If you believe that the definition is being wrongfully applied in your case, you could benefit from consulting with an experienced criminal defense attorney in Riverside who can help to protect you from the possible implications of a resisting arrest conviction. Call for help now: 951-384-7375