Resisting arrest is a charge that he had seen sve.Osoba can be arrested and charged with this crime to engage in any conflict with the officer's instructions, and even questioning officers. Of course, more serious struggle, resistance, and obstructing police duty may be charged under this statute.
the applicable law in this situation is the California Penal Code (CPC or PC) section 148, which states:
"() (1) Any person who willfully resists, delays or obstructs any public officer, police officer, or emergency medical technician, as defined in Division 2.5 (beginning with Section 1797) of the Health and Safety at in performing or attempting to discharge any duty of his or her duties or employment, when no other punishment, shall be fined not exceeding thousand dollars ($ 1,000) or imprisonment in a county jail not exceeding one year, or both that fine and imprisonment ."
By law, any person who willfully resists, delays or obstructs any public officer, police officer or emergency medical technician, while performing his / her duties, shall be fined up to $ 1,000, or up to one year in county jail, or both, if charged as a misdemeanor. If the "great bodily injury" appears on a police officer, then the case can be charged as a crime, what is most important to go up -. Up to three years imprisonment and a fine of more than $ 2000.00
This offense usually gets charged in situations where a police officer goes to arrest someone, a person is physically struggling to avoid being detained. The police then have to use force to restrain the suspect. Basically this means that whatever prevents the officer from conducting an investigation and the arrest qualifies as a "resistance to arrest." Other examples would include providing false identity to arresting officers, filing false police report.
Many of these cases involve police officers word against the suspect word. In these cases, the defense attorney will want to implement "Pitchess Motion" to see the whole staff of officers and complaint history. May it turn out to be a police officer is accused in the past, excessive force and false accusations against the suspects. If so, the defense can use this challenge to the credibility of an officer and resisting arrest is often the case reduced or dismissed.
in the handling of resisting arrest or PC-148 costs over the past 15 years, I've noticed that when this charge is alleged, the plaintiffs, who like to show that they are "tough" on crime against police officers. What helps, however, to show any facts that are out of the criminal police report written by police officers, to show that there is another world of additional facts that might change their minds about the case. Statements of witnesses not otherwise fully interviewed by the police, and video, can often be very useful in this regard.
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