California Penal Code 148(a)(1) – Resisting Arrest

Overview

California Penal Code 148(a)(1) makes it a crime to resist, delay, or obstruct a law enforcement officer or EMT in the performance of their duties. While often charged as a misdemeanor, it’s a serious allegation that can damage your record and credibility—especially if filed alongside other charges.

At Jones Trial Attorneys, we defend clients accused of resisting arrest by digging into body cam footage, officer conduct, and constitutional violations that may flip the case in your favor.

Legal Definition

Penal Code § 148(a)(1) states:

“Every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician… in the discharge or attempt to discharge any duty of his or her office or employment” is guilty of a misdemeanor.

The law does not require physical resistance—verbal interference or passive refusal can also lead to charges.

Elements of the Crime

To convict someone under PC 148(a)(1), the prosecution must prove:

1. You willfully resisted, delayed, or obstructed an officer or EMT;

2. The officer or EMT was lawfully performing their duties;

3. You knew they were a public official;

4. Your actions were intentional and caused interference.

If the officer was not acting lawfully (e.g., unlawful arrest or excessive force), the charge may not stand.

Penalties for Resisting Arrest

PC 148(a)(1) is a misdemeanor, punishable by:

• Up to 1 year in county jail

• Up to $1,000 in fines

• Misdemeanor probation

• Community service or counseling

Important: If there’s an allegation of force or injury to the officer, you may face more serious charges like PC 69 (felony resisting) or PC 243(c) (battery on a peace officer).

Defenses to PC 148 Charges

We’ve successfully defended PC 148 cases using strategic and fact-specific arguments. Common defenses include:

• Officer used excessive force – You were reacting to unlawful or violent conduct

• You were lawfully exercising your rights – Filming the police or asking questions is not obstruction

• Lack of willful interference – You did not act with intent to delay

• False accusation – Officer misunderstood or exaggerated your behavior

We often get these charges dismissed or reduced—especially with video evidence or witness testimony.

Immigration and Employment Consequences

While generally not a deportable offense, a PC 148 conviction can raise red flags in:

• Immigration applications

• Professional licensing reviews

• Background checks for public service, security, or law enforcement jobs

We take these risks into account and tailor a strategy to avoid long-term damage.

Related Offenses

• PC 69 – Felony Resisting an Executive Officer

More serious version involving threat or force

• PC 243(b)/(c) – Battery on a Peace Officer

Physical contact with an officer

• PC 602 – Trespass

Often charged alongside PC 148 in protest or security-related arrests

How Jones Trial Attorneys Can Help

Police narratives aren’t always accurate—and our job is to challenge them.

We move fast to obtain body cam, dispatch logs, and witness statements before they disappear or get sanitized. Whether your case stems from a misunderstanding or an overreaction, we’ll fight to clear your name.

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