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]
With probation 0-364 days
Misdemeanor: 0-364 days
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