![]() In these situations, a defense may be explored by closely examining the conduct and history of the officer. ![]() In addition, this is often an area in which there may be False Accusations of Resisting Arrest, especially where the officer may feel they have been disrespected. In these situations, there would be a valid Self-Defense claim to any subsequent charge of Resisting Arrest. It is not illegal to resist an officer who is using excessive force or violence and is acting in an unlawful manner. False Identification to a Police Officer - California Penal Code Section 148.9 PC.False Report of a Crime - California Penal Code Section 148.5 PC.Felony Reckless Evading - California Vehicle Code Section 2800.2 VC.Evading an Officer – California Vehicle Code Section 2800.1 VC.Battery on a Peace Officer - California Penal Code Section 243(b) PC.Other similar or related offenses include: ![]() Resisting Arrest is a less serious charge than Resisting an Executive Officer under California Penal Code Section 69 PC, which typically applies to situations in which force or violence is used to resist an officer. This man would not be criminally liable for Resisting Arrest because he did not intentionally make himself limp, and Resisting Arrest requires an intentional act. In order to arrest this man for Drunk in Public pursuant to California Penal Code Section 647(f) PC, officers are required to lift and drag him to the back of the police car. However, in another example an extremely drunk man is passed out on the sidewalk and is blocking pedestrian traffic. The intentional act of going limp qualifies as "resisting" under the statute. In this situation, the man could be charged with Resisting Arrest in violation of California Penal Code Section 148(a) PC, even though he did not actively fight or resist the officers. Instead of complying with the arrest, the man purposely goes limp and the officers are required to drag and carry him in order to perform the arrest. The responding officers determine that the man is the aggressor and attempt to arrest him and remove him from the home. Police have been called to the scene of a Domestic Violence incident involving a husband and wife. In such cases, attempts to prevent an officer from using inappropriate force would not be considered Resisting Arrest. Preventing a law enforcement officer from interviewing witnesses or moving freely around a crime scene, or keeping an EMT from accessing a victim would all be examples of "Resisting Arrest."Ī peace officer is not lawfully performing his or her duties if that officer is using unreasonable or excessive force. The offense of Resisting Arrest is not limited to the act of performing an arrest, and can apply to any lawful duty. When the defendant acted, he or she knew that the officer/EMT was performing a lawful duty.The defendant intentionally resisted, obstructed or delayed the performance of these duties AND.The "victim" was a peace officer or EMT lawfully performing or attempting to perform his or her lawful duties.Resisting Arrest under California Penal Code Section 148(a) PC requires the following elements: The "lawful duties" in question include almost any action performed in connection with their job, and is not limited to the act of performing an arrest. ![]() Resisting Arrest under California Penal Code Section 148(a) PC is a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer or emergency medical technician from performing his or her lawful duties. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |