Misdemeanor resisting arrest in Oceanside, Ca. is defined by the California Penal Code (P.C.) section 148(a)(1). It states that it is unlawful to willfilly resist, obstruct or delay a peace officer, public officer or emergency medical technician in the performance of their duties. It is a misdemeanor and punishable by up to 1 year county jail and $ 1000 fine. Misdemeanor resisting arrest can elevate quickly to a felony if there is any use of force, threats, weapons or injuries to an officer. There are a number of serious felonies that could be charged in those circumstances.
The most common "resisting arrest" conduct is the running away of an individual once he is ordered to stop. Also failure to obey the officer's commands to sit or put your hands behind your back could be a P.C. 148(a)(1). It is the "delaying" the officer in the performance of his duties more than "resisting", but it is all part of the same code section. A person has a duty to submit to a lawful detention or arrest, and only if the officer uses unreasonable or excessive force can a person use only reasonable force to defend himself.
Sometimes, police officers may have a history of complaints of excessive force in their personnel file. Access to the people who have complained of the officer's conduct in the past may be available through a "pitchess" motion to assist in bolstering the defenses unreasonable force claims against a specific officer. Depending on the facts and background of those involved, these cases can be dismissed, reduced or penalties minimized.
Christoph Law Offices have represented hundreds of clients over more than 30 years who have been charged with misdemeanor and felony resisting arrest. Located across from the Vista Courts for 30+ years, Nicholas and William Christoph can help you get the best resolution in your case. Call 760-941-5720 for a free consultation.