I. California Penal Code 148(a)(1): Resisting, Obstructing, or Delaying Arrest

Legal Definition: Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of their office or employment, is guilty of resisting, obstructing, or delaying arrest.

For a person to be convicted of a violation of PC 148(a)(1) the prosecution must prove the following:

1. The public officer, peace officer, or an emergency medical technician was lawfully performing or attempting to perform their duties;
2. You willfully resisted/obstructed/delayed the public officer, peace officer, or an emergency medical technician in the performance or attempted performance of those duties; AND
3. When you acted, you knew, or reasonably should have known, that that the public official, peace officer, or an emergency medical technician was performing his duties.

What does this mean?

An emergency medical technician is someone who holds a valid certificate as an emergency medical technician. To obstruct simply means to prevent or hinder an officer or medical technician from performing their investigation or arrest. For example, telling police a different story when they interview you to ask what happened would be obstructing the police. Another example could be not moving out of the way of an emergency vehicle with their sirens on as they are rushing to a hospital. This charge essentially means to slow down an official during their lawful job.

However, it should be noted that taking a photograph or making an audio or video recording of a peace officer/public officer/emergency medical technician while the officer is in a public place or the person taking the photograph or making the recording is in a place where he or she has the right to be is not, by itself, a crime. Thus, continue to film police making unlawful arrests, just don’t impede when you record.

Penalties

Resisting, Obstructing, or Delaying Arrest is a misdemeanor only violation in California. If you are convicted, you could be sentenced to County Jail for up to one year. You would be required to serve 50% of that time. This is a very similar charge to that of PC 69, however less severe, and generally there is no injury to the officers/officials.

If another person is hurt because of your delaying or impeding, you could also become civilly liable to them for your willful act, even if you did not intend to hurt another person, you only intended to delay the official. In addition, if you are to be charged with a violent crime in the future, this prior conviction will likely make your current case look much work, and make you subject to stiffer penalties.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Intoxication
4. Violation of your Rights

The important word to know here is that you must do this willfully. This is important, because if you’re involuntarily intoxicated, passed out on the floor, and a police officer trips over you, then you cannot possibly be willfully impeding the officer. The officer also has to be doing or attempting to be doing their job lawfully. If you and a friend are walking down the street, and an officer mistakes your friend some robber, knowing it is not him, then it would not be a violation under this section.

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Facing a charge under PC 148(a)(1), commonly known as Resisting, Delaying, or Obstructing Arrest, involves more than the immediate threat of jail time or a conviction; it signifies a perceived defiance of authority. This perception is particularly critical in the eyes of the court and, more specifically, to a Judge. It suggests a disregard for compliance with established rules and can significantly influence the court’s inclination to offer a more lenient sentence, such as probation, which could mitigate your jail term in this case or in any future legal encounters.

Understanding the nuanced elements of this offense is crucial. It’s not just about the immediate legal hurdle; it’s about protecting your long-term record and reputation. This is where the expertise of a seasoned attorney becomes invaluable. In cases involving Resisting, Delaying, or Obstructing Arrest under PC 148(a)(1), having a skilled legal representative is essential to prevent potential long-term consequences on your record.

At Inland Empire Criminal Defense, our Ontario attorney specializing in PC 148(a)(1) brings a wealth of experience and a proven track record of successfully defending such cases. We are committed to understanding your unique situation and providing a defense strategy tailored to your needs.

We invite you to benefit from our complimentary initial consultation. Our dedicated team is available 24/7 to address any questions or concerns you might have regarding your case. Please don’t hesitate to reach out to us at Inland Empire Criminal Defense by calling 909-939-7126. Conveniently located in Ontario, CA, we are here to assist you in navigating these challenging legal waters.