When most people think of "resisting arrest," they imagine a person who is being held for another offense and is physically fighting. Resisting arrest is not, in fact, a charge. The charge is "obstructing a law enforcement officer," and it can be used to prosecute a variety of offenses. Contact Law Office of Michael L. Fell at (949) 585-9055 for a consultation if you are facing this or another criminal charge.

The entire law

The statute in question is California Penal Code 148, which prohibits you from blocking not only a police officer but also a medical technician while they are conducting or attempting to perform their legal duties. It can also include not simply impeding them, but also resisting them or delaying their job obligations.

This law can be interpreted and used in a variety of ways. You may be convicted of this offense if you physically battled an officer to keep them from putting you in handcuffs, but you may also be guilty if you were not under arrest but attempted to prevent the police from arresting another person.

If you give a false name to the police during an official inquiry, you could be prosecuted with this offense. This could be a viable criminal prosecution if you are arrested for a crime and refuse to give your name, or if you are at the scene of a crime and attempt to run when the police arrive.

Despite the fact that this is a misdemeanor charge, it must be taken seriously

The truth is that obstructing a police officer is a misdemeanor offense, but that does not imply you should disregard it. In reality, you might face a year in prison and fines of up to $1,000 if you are convicted. There are other possible defenses, such as demonstrating that you were wrongfully arrested, that the police were acting improperly, or that you were acting in self-defense.

Similarly, we might try to prove that you weren't doing what the cops say you were. For example, if you are charged with impeding a police officer by giving a false identity but did not realize it was an official investigation and gave a name you are well-known by, this could be your defense.

For a free legal consultation, call now

Are you ready to learn more about the legal choices available to you? If this is the case, call Law Office of Michael L. Fell at (949) 585-9055. We can help with juvenile crimes, DUI charges, theft offenses, and more. Whatever the allegation or circumstance, you are entitled to competent legal representation. We are ready to assist you.