Description

The crime of Resisting Arrest is a prohibition from willful resistance, delay or obstruction of arrest. In addition to charges for fighting an arrest, charges may be filed for obstruction of other police activities such as monitoring a criminal suspect or investigation of a crime or traveling to the scene of an accident or crime. Providing false information, such as name or address, is not considered obstruction of police duties while being transported, but is at the time of booking. The crime of Resisting Arrest does not apply if the arrest was unlawful, such as entering a residence without identification of the officer or the presentation of a warrant. Often charges of Resisting Arrest are the result of dismissive or uncooperative behavior and may be the result of an abuse of police authority. Examples of Resisting Arrest are giving false information to a police officer or refusing police orders to step away from another person or vehicle or exhibiting physical aggression during the process of arrest.

What does the prosecutor have to prove?

“1. Defendant willfully resisted, delayed, or obstructed a peace officer , public officer or an emergency medical technician (EMT).
2. At the time of offense, the peace officer, public officer, or EMT was engaged in or attempting to engage in the performance of his or her duties.
3. Defendant, who willfully resisted, delayed, or obstructed knew or reasonably should have known that: (a) Victim was a peace officer, public officer or EMT. (b) Victim was engaged in the performance of his or her duties. [Cal Crim No. 2656]

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
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?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
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?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
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