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Resisting Arrest Archives

What is Resisting Arrest?

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.  

What is resisting arrest in Oceanside, California?

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.

What is "Resisting Arrest" in Vista Courts?

Resisting arrest generally is resisting, obstructing or delaying an officer in the performance of their duties.  It is explained more fully in California Penal Code 148(a)(1).   It can also apply to emergency medical technicians.  The penalty carries up to 1 year in county jail and $1000 fine, in addition to any restitution for any damages.  The conduct can be as simple as not complying with an officers instructions, or running away.  It can also be more serious where there is actual physical resisting which will trigger a much more aggressive response by law enforcement officers.

What is Misdemeanor Resisting Arrest in Oceanside, Ca.?

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.

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