Riverside Resisting Arrest Defense Lawyer

Resisting Arrest in Southern California: Legal Consequences

At Gressley & Donaldson, we know being charged with resisting arrest is scary. It is a stressful time and may leave you unsure of what to do next or how to protect yourself. Our criminal defense team is here to help you. We want you to feel confident as you go through this tough time. We believe in giving each client the individualized attention they deserve. It helps them feel supported throughout the process.

In Southern California, resisting arrest can bring severe penalties. This typically means probation or jail time. You may need an experienced lawyer on your side to reduce your chances of these penalties.

Our team has handled many similar criminal cases. We know the California system. We can look at your situation from many different angles. This helps us build a customized defense strategy fit for your needs.

What Is Resisting Arrest in California?

Resisting arrest, under California Penal Code § 148, is when a person willfully resists, delays or obstructs a law enforcement officer or emergency medical technician. Resisting or obstructing an executive officer is also covered under California Penal Code § 69.

This definition covers more than just physical altercations. Providing false information and interfering with police can also be considered resisting arrest. So can obstructing EMTs during an emergency while they are performing his or her duties. Understanding this definition is important. It serves as the framework for how we defend these charges in court.

In defending against resisting arrest charges, the context of the actions is everything. People may not know their actions seem resistant. Or they may be confused or scared.

Our attorneys are adept at looking at each case’s circumstances. We look for evidence of miscommunication or misunderstanding that may have caused the charges. We will investigate the incident to help get a fair trial for our clients and protect their rights.

Key Elements of a Resisting Arrest Charge

To convict someone of resisting arrest the prosecution must prove these elements beyond a reasonable doubt. One or more of these elements must be proven with evidence. This is the burden of proof. This is so the prosecution can argue their case and get a conviction.

Intent to Obstruct: There must be a clear intent to obstruct or hinder the officer or EMT beyond just being present or verbalizing objections.
Willful Action: The defendant’s actions must have been intentional. This means accidental behavior, miscommunication, or a moment of panic may not meet this requirement.
Official Duties: The officer or EMT must have been acting in their official capacity. This is key to showing that the resistance occurred during a lawful encounter and while performing their lawful duties.
Knowledge: The defendant must have known or should have known the officer or EMT was acting in their official capacity. If the person did not know they were with law enforcement, it could be a defense to the charges.
Level of Resistance: The resistance must have significantly impeded the official’s duties. Minor acts of opposition typically do not qualify.

Legal Authority: The officer or EMT must have acted within their legal authority. Any actions outside of this may invalidate the charge of resistance. For an arrest to be lawful the officer must act within their lawful duty which includes having probable cause and not using excessive force.
Immediacy: The resistance must be immediate and concurrent with the official’s actions. Delayed or unrelated resistance is irrelevant.
Verbal and Physical: Both verbal and physical acts of resistance can be considered. However, the context and nature of the resistance is key in determining its legality.
Self-Defense: If the defendant can prove they acted in self-defense against unlawful or excessive force it may negate the charges of resistance.

These elements are key in a resisting arrest case in court. For both the prosecution and defense. Legal cases are complicated. They require knowledge of the law and the ability to navigate tricky situations. That is where experience matters.

Our attorneys will consider everything and develop a plan to win for you. Call Gressley & Donaldson today to talk to our criminal defense attorneys about your defense.

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Penalties for Resisting Arrest in California

In California, a resisting arrest charge is usually classified as a misdemeanor offense. However, these are not minor infractions but serious offenses in the eyes of the law. This is in California Penal Code Section 148. A conviction can bring severe penalties and have a huge impact. One must consider the possible consequences:

Imprisonment: Up to one year in county jail for this offense. Good behavior or rehab can reduce jail time.
Fines: Up to $1,000 in fines which can vary depending on prior offenses or the severity of the crime.
Probation: Instead of jail time the court can grant informal probation. This allows the defendant to remain in the community under certain conditions such as regular check-ins with a probation officer, counseling sessions, or community service.

These can impact your life and work. They can mess up your personal and professional worlds. You must take a resisting arrest charge seriously.

Hiring our attorneys can make a big difference in the outcome. We know California law and have handled many of these cases. With our knowledge and guidance, we can help you navigate the complicated legal process. This gives you a chance to protect your rights and future.

Defenses for Resisting Arrest Charges

If you are charged with resisting arrest you need to explore and understand possible defenses. They may apply to your case. People accused of resisting arrest have several legal defenses to consider:

Lack of Willfulness: If a person’s actions were not intentional they can be exonerated. This applies if, for example, they had a medical episode.
False Accusation: Showing that the charges are false can kill a prosecutor’s case.
Unlawful Arrest: A strong defense is to argue the arrest was unlawful. It lacked probable cause or was police misconduct. This challenges the basis of the charge.
Alibi: The defense can prove the accused was somewhere else at the time of the crime and can clear them.
Self-Defense: If the actions were necessary to avoid harm, they may justify a criminal act.
Entrapment: If law enforcement pushed the defendant to commit a crime they would not have otherwise, it can nullify culpability.
Insanity Defense: The defense can claim the defendant was not of sound mind at the time of the crime. So they could not understand the nature or wrongfulness of their actions.
Duress: If the defendant was forced to commit the crime under the threat of immediate harm to themselves or others, it can negate the prosecution’s case.
Mistake of Fact: A reasonable mistake about a key fact can act as a strong defense in certain cases.

Each of these defenses requires investigation and evidence. Having experienced criminal defense attorneys on your side can make a big difference.

Contact us today and let us show you how we can help you. Our attorneys will give you the peace of mind and support you need during this tough time. We will be with you every step of the way. Your case deserves our full attention and care.

The Role of a Criminal Defense Attorney in Resisting Arrest Cases

Resisting arrest charges can be complicated and tough. This is where the experience of a criminal defense attorney comes in. At Gressley & Donaldson, our attorneys use a strategic approach to defend clients. Our role includes:

Case Analysis: We review every detail of the arrest report, the incident, and the prosecution’s evidence especially any actions against a police officer.
Defense Strategy: We develop strong customized defense strategies. We explore all options for a good outcome for your case.
Legal Research: We research cases to help your case and anticipate the prosecution’s moves.
Expert Witnesses: We bring in expert witnesses if needed to bolster your defense.
Transparency: We will keep you informed at every stage of the legal process. We want you to know what is possible regarding your defense.
Research: We will research to find anything that can help your defense.
Court Advocacy: Our attorneys will advocate for you in court. We will challenge the prosecution’s story and protect your rights.
Plea Negotiations: We will negotiate plea deals when possible. They can reduce charges or sentences.

A good lawyer can be the difference in your case. They can be the difference between a conviction and a good outcome. If you are charged with resisting arrest you need to start building your defense now.

This early prep allows your defense attorney to get key evidence and witness statements. It allows your lawyer to understand your case inside and out. With a solid defense your chances of a good outcome increase. Never underestimate the importance of having good legal help during tough times.

Preparing for a Resisting Arrest Case

Preparation is crucial when charged with resisting arrest. We know the severity of resisting arrest charges in California. We will keep you informed and at ease throughout the process. Our attorneys at Gressley & Donaldson will walk you through a thorough preparation process including:

Evidence Collection: We will collect and preserve all relevant evidence. It is important to a strong defense.
Legal Research: We will research all the factors that can impact your case.
Witness Interviews: Finding and interviewing potential witnesses can help your case.
Case Strategy: A detailed legal strategy is key. But it must fit your case. This will prepare us for any surprises prosecutors may bring.
Expert Consultation: Industry experts can provide insight and credibility to your case.
Trial Prep: Trial prep includes developing arguments, exhibits, and testimony.

Each of these steps can be important to building a strong case. Preparation will give you the information you need. It will also set the stage for a better defense.

Contact Gressley & Donaldson today for a consultation. Our experienced attorneys will advocate for you. We will defend you and handle your case with care and attention.

Judicial Diversion under Penal Code section 1001.95 for Resisting Arrest Charges

Resisting arrest charges of California Penal Code 148 are eligible for judicial diversion under Penal Code section 1001.95. Judicial diversion allows a person charged with resisting arrest to complete rehabilitative terms of diversion, like community service hours, anger management, or other appropriate terms. If you complete the terms of diversion, and do not violate the law during the period of diversion, the charges will be dismissed in their entirety at the end of the diversion period, which can be up to two years.

Some of the factors relevant to determining whether you are someone likely to get judicial diversion for a California Penal Code 148 charge are:

Prior Criminal History: Typically, only people with none or minimal prior criminal history are found suitable for judicial diversion.
Misdemeanor Offense: Judicial diversion is only available to persons charged with misdemeanor resisting arrest in southern California.
Capable of Rehabilitation: A judge must be convinced that a person is capable of rehabilitating their behavior if given judicial diversion.
Collateral Consequences: If you could face collateral consequences due to a resisting arresting conviction, such as professional licensing consequences, immigration consequences, or job loss, then you would be someone that is likely highly motivated not to reoffend, and to be a good candidate for judicial diversion.

The lawyers at Gressley & Donaldson can help you seek judicial diversion for misdemeanor charges, like resisting arrest in violation of California Penal code 148.

Trial and Sentencing

If your case goes to trial our attorneys will work to protect your interests. We believe preparation is key. If needed we can:

Present a Defense: We can use strategy to aggressively attack the prosecution’s case. We can introduce evidence for your defense.
Negotiate Pleas: Where applicable we negotiate pleas on your behalf. They can reduce charges or penalties. In some circumstances, it is more beneficial than a long trial.
Mitigation: If a conviction may occur, any sentence can be negotiated to the bare minimum terms through mitigation evidence, such as evidence of your situation and your character.
Investigate: We will investigate your case thoroughly. We will work to get evidence, find witnesses, and build a defense that is right for you.

Our Riverside criminal defense attorneys will be with you. We can help whether through trial or negotiation. With a focus on protecting your rights and your voice, our experienced lawyers bring a nuanced approach to every case. Contact us today and let us be your advocates in this tough time.

Frequently Asked Questions About Resisting Arrest in California

Resisting arrest occurs when an individual intentionally prevents, delays, or obstructs a law enforcement officer from making a lawful arrest.

Penalties vary from fines and probation to jail or prison time, depending on whether the offense is a misdemeanor or felony and whether injury occurred.

Defenses include unlawful arrest, lack of intent, mistaken identity, self-defense, or challenging the officer’s authority to make the arrest.

First-time offenders may face reduced penalties such as probation, community service, fines, and possibly a short jail sentence depending on the circumstances.

This occurs when a person resists arrest and causes injury to a law enforcement officer, typically classified as a felony with enhanced penalties.

Resisting arrest specifically involves preventing an arrest, while obstruction of justice covers broader acts that interfere with law enforcement, such as lying to officers or destroying evidence.

If a person resists arrest during a DUI stop, it can result in additional misdemeanor or felony charges alongside DUI penalties, increasing legal consequences.

Evidence may include officer testimony, body camera footage, video surveillance, eyewitness accounts, and physical evidence demonstrating obstruction.

The court process typically involves arraignment, pre-trial hearings, possible plea negotiations, trial if necessary, and sentencing if there is any conviction.

Probation may include regular check-ins, fines, community service, restrictions on behavior, and compliance with any court-ordered programs or counseling.

Yes. With effective legal representation, charges may be reduced from a felony to a misdemeanor, or penalties mitigated through plea agreements.

Consequences may include a criminal record, difficulty obtaining employment, professional licensing issues, and increased penalties for future offenses.

If the arrest was unlawful, a defense attorney may argue that resistance was justified, which can be a valid defense in court.

An attorney can challenge evidence, represent the defendant in court, negotiate plea deals, and protect constitutional rights throughout the legal process.

Remain calm, comply with law enforcement, avoid further confrontation, and contact an experienced defense attorney immediately to protect your rights and build a strong defense.

Gressley & Donaldson: Resisting Arrest Defense in Southern California

If you or a loved one are charged with resisting arrest in Southern California, you need to act now. Experienced legal representation can make all the difference in your case. At Gressley & Donaldson, we know your situation is serious. We will give you the best legal help we can possibly provide. Our team will be there with you. We will make sure your rights are protected in the legal process.

We will listen to your concerns, answer your questions, and keep you updated every step of the way. By hiring us, you are choosing a partner who is as invested in your success as you are. We will make the legal process less stressful so you can focus on what matters most—your life.

Call us today to schedule a consultation with our criminal defense lawyers. Let us get started building your defense.