Penal Code section 148(a) Resisting Arrest aims to secure the physical wellbeing of officers, and encourages only compelling, legally applicable examinations of civilians. Lamentably, it isn’t unprecedented for some officers to abuse this statute by rebuffing people who show any little sign of disobedience towards the officer. This is a serious and recurring issue all throughout California, with some counties and cities experiencing more of this abuse of power than others. For instance, Ventura county law enforcers are infamous for incarcerating civilians if the officer senses even the slightest amount of hesitation from the civilian. In many situations, this results in a gross and negligent abuse of power, originating from misinterpreted ideas of what the Penal Code 148(a) entails.
According to Penal Code 148(a)(1), any person who “obstinately” opposes or delays any law enforcement agent is blameworthy of a crime. They must demonstrate the following past a sensible uncertainty:
Most importantly, there does not need to be an intention of hurting the officer, a mere demonstration of knowingly resisting an officer is sufficient. As such, a prosecutor does not have to demonstrate that the defendant expected to commit a crime or even to cause any injury to the officer. Taking all of these elements into consideration, it can become murky and difficult to understand where to draw the line between officer aggression and defendant resistance. To help illustrate these, here are just a few examples:
There are several avenues of defense that a skilled Glendale criminal defense attorney will utilize in order to defend their client in situations of unlawful arrest. A few examples of these defenses include: the use of excessive force or police brutality, acting in self-defense, or being wrongfully accused of a crime. Which path is best for your particular case is something your lawyer will be able to determine with you. If you feel that you or a loved one have experienced a wrongful accusation of violating Penal Code 148(a), or been the victim of police brutality or misconduct, please give us a call at (310) 943-1171 to speak to a defense attorney specialist, or send us an email with a description of your case at info@kaass.com.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
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