Description

The crime of Resisting an Executive Officer is to attempt, by means of any threat or violence, to intentionally deter or prevent an executive officer from performing their duties. There is no requirement that the threat was actually carried out, or if carried out, was executed by the person making the threat. The crime of Resisting an Executive Officer also includes threats made for a future time or as the result of a future incident. Duties of the officer must be considered lawful, and do not include illegal activities, such a Bribery. Examples of Resisting an Executive Officer include tampering with police equipment or blocking a public roadway to prevent access by a police officer or knowingly providing sanctuary or disguise for the subject of a police search.

What does the prosecutor have to prove?

1. Defendant willfully and unlawfully attempted to deter or prevent an executive officer from performing any duty imposed upon that officer by the law;
2. When Defendant acted he/she knew the executive officer was performing his/her duty;
3. The attempt or resistance was accomplished by means of any threat or violence. [Cal Crim. No. 2652]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?May
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No