When the average person thinks of a charge for “resisting arrest” they think of a person who is under arrest for another charge and is physically fighting. In truth, resisting arrest is not a charge. The actual charge is “obstructing a law enforcement officer” and it can be charged for any number of things. If you are facing this or another criminal charge, contact Law Office of Michael L. Fell for a consultation.

The Full Law

The law we are reference is California Penal Code 148 and it involves obstructing not just a police officer but a medical technician and requires that you do so while they are either performing or are attempting to perform their official duties. Further, it can involve not just obstructing them but resisting them or delaying them in performing their job duties.

There are many ways in which this law can be read and charged. If you physically fought an officer to prevent them from putting you in handcuffs then you could be guilty of this charge, but you could also be guilty of it if you were not under arrest but attempted to prevent the police from arresting another person.

If the police are conducting an official investigation and you give a false name, then you could be charged with this crime. If you are booked for a crime and do not provide your name, or if you are at the scene of a crime and try to flee said scene when the police arrive, then this could be a valid criminal charge.

This is a Misdemeanor Charge but Must Be Taken Seriously

The truth is that obstructing a police officer is a misdemeanor charge but that does not mean that you should not take it seriously. In fact, you could end up facing as much as one year in jail and fines of up to $1,000. There are many potential defe3nse options, such as showing that you were being unlawfully arrested, the police were committing misconduct, or that you were acting in self-defense.

Likewise, we may work to show that you were not actually doing what the police say you were. For example, if you are arrested for obstructing a police officer for giving a false name, yet you did not realize it was an official investigation and were giving a name that you are commonly known by, then this could be your defense.

Call us Now for a Free Legal Consultation

Are you ready to learn more about your legal options? If so, contact Law Office of Michael L. Fell at (949) 585-9055. We offer assistance for juvenile crimes, DUI charges, theft crimes, and others. No matter what you are charged with or what the situation is, you deserve qualified legal counsel. We are standing by to help you.