Resisting Arrest Ca Penal Code 148

The California penal code contains definitions and harsh penalties for resisting arrest. Ca penal code 148 provides for a fine of up to $1,000.00 and up to one-year of incarceration for resisting arrest, with enhanced penalties for involvement with taking or attempting to take an officer’s equipment, or his or her firearm. The public policy advanced by this section of the penal code is twofold, to protect officers by punishing those who interfere with the conduct of their duties, and second to provide harsh penalties for attempts or takings of officer’s equipment, and with the most severe penalties for taking an officer’s firearm. Taking a firearm is punishable by criminal fine or imprisonment in the state prison, or both.

The Law Protects Police and Public
Confrontations with members of the public involving police officers or other officials can be deadly. Police officers carry weapons including firearms. During an arrest, if a struggle ensues, the person under-arrest can take an officer’s equipment. Some might use the officer’s weapons against him or her, or the public. When the attempts involve an officer’s firearm, the law details the forbidden conduct in minute detail such as removing a safety strap from an officer’s firearm holster.

Arrests Must Be Lawful
For members of the public faced with a stop, or an arrest that seems wrongful, an officer can use minor or incidental resistance to aggravate the initial charges. A citizen can feel doubly victimized, first by a questionable arrest and then by additional charges because he or she disputed the questionable arrest. Thus, converting a law intended to ensure official safety into an offensive device to obscure wrongful police or official conduct.

The purpose of Ca penal code 148 is public protection, and it was not meant to insulate an official from the consequences of wrongful conduct, official misconduct, or any other breach of duty. The legislature enacted the provisions of code 148 to protect police officers lawfully engaged in the conduct of their duties. However, because these provisions have a potential for abuse, the legislature also adopted section 148(f). This vital section states that conduct against an officer or official engaged in a criminal act does not violate Ca penal code 148.

Charged with Assault? Consult an Attorney
Anyone charged with an offense and/or the additional offense of resisting arrest under Ca penal code 148 should consult with a criminal defense attorney. An expert should closely examine the facts to determine whether grounds exist to negate some or all of the charges. One must prove facts, including the statements of an arresting officer and, like any other evidence, must meet the legal standards of a criminal trial. The facts as stated by the charged individual and witnesses are also evidence. One may be able to use evidence in a disputed case to gain a dismissal or acquittal at trial.

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