Police Officers, in Oceanside, Carlsbad, Vista, Escondido, San Marcos, Encinitas and throughout California, use resisting arrest, California Penal Code (P.C.) 148, to arrest people who are delaying, interferring or resisting a peace officer in the performance of his duties. There are legitimate arrests and prosections for this violation, however, too often it is used an an excuse to take into custody someone who is bothering the officer in some way even though there may be a more appropriate way to handle the situation.
Resisting arrest, delaying or interferring with an officer can range from not following the commands of an officer, fleeing from the officer, not putting your hands behind you back when asked, pulling back when your wrist is grabbed, asking questions about why your friend is being arrested, or just doing something the officer feels is somehow resisting, delaying or interferring with the officer. You do not have a right to physically resist even an unlawful arrest, you do have a right to defend yourself with reasonable force if the officer is using excessive force.
Citizens can make complaints concerning an officers conduct and internal affairs looks into these complaints. Defending someone for these charges may allow an attorney access to information concerning prior complaints made against an officer. If there are serious threats or physical force used there is a felony which can also be charged. Call Christoph Law Offices at 760-941-5720 for a free consultation and review of your case. They have defended North County residents and military personnel for over 32 years across from Vista Courts