California Penal Code 69 – Resisting an Executive Officer

Overview

California Penal Code 69 PC makes it a felony to use force or threats to resist or prevent an executive officer—like a peace officer, judge, or prosecutor—from performing their lawful duties. It’s a more serious version of resisting arrest under PC 148.

This charge often stems from emotionally charged encounters with law enforcement. At Jones Trial Attorneys, we push back on exaggerated police narratives, protect your rights, and build a defense that focuses on what actually happened—not just what’s written in the report.

Legal Definition

Penal Code § 69 states:

“Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed by law, or knowingly resists… by force or violence, is guilty of a felony.”

An “executive officer” includes:

• Police officers

• Judges

• Prosecutors

• Elected officials

Elements of the Crime

To convict someone of PC 69, the prosecution must prove one of two things:

1. You knowingly and unlawfully used force or violence to resist an executive officer;

or

2. You knowingly made a threat of force or violence to deter an executive officer from doing their job;

and

3. The officer was lawfully performing their duties at the time.

Penalties for Resisting an Executive Officer

PC 69 is a wobbler—it can be charged as a misdemeanor or a felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Summary probation

• Fines and possible counseling

Felony Penalties

• 16 months, 2, or 3 years in county jail (AB 109)

• Formal probation (if granted)

• Possible strike if serious bodily injury or weapon involved

Sentencing can increase if the incident involved a deadly weapon, bodily harm, or multiple officers.

Defenses to PC 69 Charges

We often find that PC 69 charges arise from confusion, fear, or overreactions during tense arrests or police encounters. Common defenses include:

• Officer was not acting lawfully – If excessive force or illegal detention occurred

• No intent to deter – You didn’t intend to prevent the officer from doing their job

• Free speech – Words alone, without intent or capacity to act, may be protected

• Self-defense – You used proportionate force to protect yourself from unlawful police action

• Exaggeration or false accusation – Especially in cases with no body cam or third-party witnesses

We seek to reduce felony charges to misdemeanors—or dismiss the case entirely.

Immigration and Employment Consequences

A felony PC 69 conviction can have serious collateral consequences, including:

• Deportation or denial of admissibility

• Loss of state licenses or permits

• Ineligibility for public sector employment

We design your defense with these long-term consequences in mind.

Related Offenses

• PC 148 – Resisting Arrest

Misdemeanor version without force or threat

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

Charged when physical contact is made

• PC 422 – Criminal Threats

Threats to anyone—not just executive officers

How Jones Trial Attorneys Can Help

These cases often depend on who the court believes more: you or the officer.

We demand and analyze body cam footage, officer training records, and police reports to find inconsistencies. If excessive force was used—or the officer acted outside the law—we’ll build a defense that puts that misconduct on trial.

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