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If you have been charged with this Felony offense it is a serious charge.  I have handled dozens of cases involving resisting arrest.  As a former probation officer, deputy district attorney and criminal defense attorney with more than 13 years of criminal defense experience I have the ability to handle your case. 

Californias 148 pc is californias resisting arrest law as a misdameanor. However, pc 69 may be prosecuted as a Felony. Which subjects an offender to a state prison sentence and substantial fines.

But were here to help.  As a former probation officer I know that "resisting arrest" charges are oftentimes nothing more than trumped up allegations.  And that whats more is that my knowlege can help you.

Below, our California criminal defense attorneys address the following:

1. The legal definition of "Resisting an Executive Order

2. Legal Defenses

3. Penalties, Punishments, and Sentencing

4. Related Offenes

 

If, after readin this article you have any questions dont hesitate to call.

 

THE LEGAL DEFINITION OF "RESISTING AN EXECUTIVE OFFICER"

PENAL CODE 69 ACTUALLY ENCOMPASES TWO SEPERATE OFFENSES.

1. Willfully and unlawfully attempting by threats or violence to deter or prevent an executive officer from performing a lawful duty, and

2. Using force or violence to resist and executive officer in the perfromance of his or her lawful duties.

Lets take a closer look at some of these terms and phrases to gain a better understanding of their legal definitions

WILLFULLY AND UNLAWFULLY

You act willfully when you committ and act willingly or on purpose.  It doesn't matter if you don't intend to break the law, as long as the act is intentional.

The term "unlawfully" is used to distinguish from lawful threats.   Threatening to report an officer who for example is on the take is not unalawfull. 

 

THREATS

Threats may be oral or written and maybe implied by a pattern of conduct or a combination of statements and conduct.  There is no requirement tha you actually intend to carry out your threatened act. only that you intend fo it to be interpreted as a threat by the intended victim. 

Similiarly, there is no requirement that the threat be immediate or imminent. 

 

FORCE OR VIOLENCE

The words force and violence have the same meaning in a resisting and executive officer case as they do in a california penal code 242  battery case. The force does not need to cause any harm or pain, as even a slight touch done in a rude, angry or offensive manner.  Also touching something attached to the person such as clothing is or a purse is sufficient. 

EXUCUTIVE OFFICER

An executive officer is a public employee who may exercise some or all of his or her own discretion in performing his or her job duties.  Any employee who is charged with enforcing the law is an executive officer. 

this is a much broader definition than the one for peace officer it includes

judges

prosecutors

other elected officials

 

LAWFUL DUTIES

Must be a duty that you prevented him from carrying out a lawful duty.

 

DEFENSES

Some of the defenses although not a complete list are as follows

the officers conduct was unlawful

the officer isn't protected when committing an unlawful act

self defense

similiarly, if you resist an exucutive officer who is using excessive force against you, you are entitled to exercise you right to self defense in accordance with californias self defense laws.  your force must be reasonable under the circumstances.

remember if the officer only uses excessive force because you are resisting what is otherwise a lawful order than this defense will not work.

POLICE MISCONDUCT

pc 69 is often trumped up charge.  when we suspect that you are innocent we can file a pitches motion to investigate possible police misconduct a pitches motion is a request for information in the arresting officers personell file.  If we find a history of complaints or misconduct, it will likely result in the reduction of charges. 

PENALTIES PUNISHMENT AND SENTENCING

Penal Code 69 is a wobbler meaning it can be charged as either a felony or a misdameanor.  depending on the circumstances.

 

If you have any questions don't hesitate to call. 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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