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Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

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760-670-3885

Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

What is Resisting Arrest?

On Behalf of | Jan 18, 2017

Resisting arrest, as a misdemeanor, is the resisting, delaying or obstructing an officer in the performance of his duties.  It can also pertain to other emergency personnel.  As a misdemeanor, it carries up to a year in county jail and $1000 fine.  California Penal Code (PC) 148(a) is the code section.  

Most commonly, this charge is seen when someone is not cooperating with the officer, not obeying their commands, physically resisting by making it difficult for the officer to arrest the individual, going limp, walking or running away from the officer when the officer is performing a lawful duty, such as detention or arrest with probable cause.  These non-violent types of resisting or obstructing an officer often involve intoxicated individuals, or suspects runninng from the police.  

Felony resisting arrest is a violent resisting using threats or violence to deter or prevent an officer from performing his duties.  As a Felony, it carries up to 3 years in prison and a $10,000 fine.  This type of resisting usually involves the actual physical fighting back with the officer, not just being uncooperative or using passive resistance.

There are defenses to these charges which concern whether or not the police officer was lawfully performing his duty, or using excessive force.  If you are charged with a misdemeanor or felony resisting arrest, it is important to contact a Criminal Defense Attorney as soon as possible while the events are fresh in your mind so you can understand the process, discuss defenses and possible outcomes.  Call Christoph Law Offices at 760-670-3885 for a free consultation.  Located across from Vista courts for over 34 years, we have provided the highest level of personal and profession Criminal Defense Representation.

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I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
– Mahir B.

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Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
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Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
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Defending Against DUI and Criminal Charges Throughout San Diego County

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