If you’ve been accused of resisting, delaying, or obstructing a police officer in California, you may be wondering what this charge actually means and how serious the consequences can be. While it might sound like it only applies to physical resistance, the law is much broader and can include a wide range of actions.
At Law Office of Michael L. Fell, we help individuals facing these charges understand their rights and build a strong defense. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
Understanding California Penal Code 148(a)(1)
Under California Penal Code 148(a)(1), it is illegal to resist, delay, or obstruct a law enforcement officer or emergency personnel while they are performing their duties. This is a misdemeanor offense that can carry serious penalties, even if no physical force was used.
Examples of Actions That Could Lead to This Charge:
- Physically struggling with an officer during an arrest
- Running away from police after being ordered to stop
- Providing false information to law enforcement
- Blocking an officer from entering a location during an investigation
- Interfering with emergency responders, such as paramedics or firefighters
- Refusing to follow lawful orders during a police stop
It’s important to note that you don’t have to use force to be charged with this crime. Simply delaying an officer’s ability to do their job can be enough.
Possible Penalties for Resisting, Delaying, or Obstructing an Officer
Since this charge is classified as a misdemeanor, a conviction can result in:
- Up to one year in county jail
- Fines of up to $1,000
- Probation
- A permanent criminal record, which can impact employment and housing opportunities
In some cases, if the resistance involved violence or resulted in injury to an officer, you could face additional charges with harsher penalties.
Defenses Against Resisting, Delaying, or Obstructing an Officer
If you’ve been accused of violating Penal Code 148(a)(1), you have the right to defend yourself against these charges. Common defenses include:
1. You Did Not Willfully Resist or Obstruct
To be convicted, the prosecution must prove that you intentionally resisted or obstructed an officer. If your actions were accidental or due to confusion, you may have a valid defense.
2. The Officer Used Excessive Force
You have the right to defend yourself against excessive force. If an officer used unlawful or unreasonable force, your attorney can argue that your actions were a reaction to protect yourself.
3. You Were Unaware They Were a Police Officer
If the officer was in plain clothes and did not properly identify themselves, you may not have known they were a law enforcement official.
4. Your Rights Were Violated
If police violated your constitutional rights—such as conducting an illegal stop, search, or arrest—your attorney may be able to challenge the charge and have the case dismissed.
5. False Accusation or Misinterpretation
Sometimes, officers misinterpret a person’s actions as resistance, or an individual may be falsely accused due to personal bias. A skilled defense attorney can gather evidence to challenge the allegations.
What to Do If You’ve Been Charged
If you are facing charges for resisting, delaying, or obstructing an officer, do not take it lightly. A conviction can have lasting consequences. Here’s what to do next:
- Do not make any statements to law enforcement without an attorney present.
- Document everything about the incident, including witness information.
- Contact a criminal defense attorney as soon as possible.
Protect Your Rights with Law Office of Michael L. Fell
At Law Office of Michael L. Fell, we understand how these charges can arise from misunderstandings or unfair treatment. Our experienced legal team is ready to fight for your rights and work toward getting your charges reduced or dismissed.
Call Law Office of Michael L. Fell at (949) 585-9055 today for a free consultation and let us help you protect your future.