At the Griffin Law Office, APC, our San Diego criminal defense attorney knows that disobeying a police officer in California generally refers to failing to comply with a law enforcement officer’s lawful orders or directives. This can include a wide range of behaviors and situations that make it challenging to understand whether you are breaking the law or simply misunderstanding the circumstances.
Here, we provide a detailed look at what it means to disobey a police officer and the potential consequences in California.
What Does the Law Say?
California Penal Code Section 148(a)(1) makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer in the discharge or attempt to discharge any duty of their office or employment.
Examples include refusing to provide identification when lawfully requested, running away from an officer attempting to make a lawful arrest, or interfering with an officer’s duties at a crime scene.
California Vehicle Code Section 2800 applies to motorists. It makes it illegal to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer performing their duties under the provisions of the Vehicle Code.
Examples include not pulling over when signaled, refusing to comply with traffic control measures directed by an officer, or ignoring orders during a DUI checkpoint.
What are the Consequences of Disobeying a Police Officer in California?
Disobeying a police officer under Penal Code Section 148(a)(1) is typically charged as a misdemeanor, which can result in:
- Up to one year in county jail.
- Fines up to $1,000.
Violating Vehicle Code Section 2800 can lead to:
- Points on the driver’s license.
- Potential jail time, especially if the disobedience leads to a high-speed chase or endangers public safety.
If the act of disobedience involves violence, significant interference with law enforcement duties, or severe consequences, it can result in more serious charges, including felonies.
What are the Most Common Defenses for Charges Related to Disobeying a Police Officer in California?
The first line of defense is examining if the officer’s order was unlawful. An order is considered illegal if it violates the individual’s constitutional rights or exceeds the officer’s authority. If so, the disobedience might be justified.
Other common defenses may include, but are not limited to:
- Lack of Willfulness:The prosecution must prove the disobedience was willful. This could be a valid defense if the person did not intend to resist or obstruct the officer.
- Self-Defense: This might be a viable defense if the individual disobeyed the officer in self-defense or to protect others from unlawful use of force.
Compliance with police orders is crucial for maintaining public safety and ensuring law enforcement officers can perform their duties effectively. Understanding the legal framework and potential defenses is essential for navigating such situations. We can help.
Contact Our Criminal Defense Attorney at Griffin Law Office, APC
If you face criminal charges for disobeying a police officer in California, call 619-269-2131 to speak with our skilled San Diego criminal defense attorney today or contact us online. We can explain your legal rights and help you build a defense to pursue the best outcome for your case.