In Los Angeles and throughout California, police often arrest people for resisting arrest after they have been victims of police brutality. Some police officers may attempt to justify their actions by alleging that someone interfered with the performance of their duties. If you were mistreated or injured during your arrest, contact The Law Offices of Jerod Gunsberg at 310-210-0744 to discuss your case. We can obtain disciplinary records regarding the arresting officers that police departments generally like to keep secret. We may be able to obtain contact information for witnesses who have been mistreated in a similar way. We can also obtain medical records, and even a copy of your booking photo, in order to show the Judge and jury the injuries you suffered at the hands of the police.
Resisting Arrest Charges
You may be charged with either a misdemeanor or a felony for resisting arrest, or for delaying or interfering with a police officer or other government official in the lawful performance of their duties. If you used violence, or threatened to use violence, the case may be filed as a felony.
Generally, the prosecution will have to prove the following:
- You willfully resisted, delayed, or deterred a peace officer, government official, or Emergency Medical Technician (EMT). This charge most frequently involves allegations that people resisted arrest or otherwise delayed police officers. This element does not necessarily involve the use of violence. You can be found guilty of this charge by refusing to cooperate, provide identification, or by otherwise taking actions to slow down the arrest process. If it is alleged that you used violence or the threat of violence, the prosecution will also have to prove this.
- The peace officer, government official, or EMT was lawfully performing his or her duties. Often, the officer involved was not lawfully performing his or her duties at the time of the incident. If the officer did not have a lawful reason to detain you or arrest you, for example, you may have a strong defense to the charge of resisting arrest. Similarly, if the officer used unreasonable or excessive force against you, the officer was not acting lawfully. Your attorney can help to analyze whether the officer(s) who arrested you were acting lawfully at the time you allegedly resisted or delayed them.
- You knew (or you should have known) that the person you resisted or delayed was an official performing his or her duties, OR you intended to prevent or deter the official from performing his or her duties. Depending upon which Penal Code section you are charged under, the prosecution will need to prove that you knew the official was performing his or her duties, or that you intended to interfere with the performance of their duties.
If no force or violence is used, you face a maximum punishment of 1 year in the County Jail and a fine of $1000. However, if you removed a weapon from the officer in the course of the struggle, you may be charged with a felony and may face state prison time. If a threat or force or violence is used, you may be charged with a felony and could face a fine of up to $10,000 and punishment in state prison. If there was more than one officer involved, you may be charged with separate offenses for delaying each officer.
If you have been charged with resisting arrest,
contact The Law Offices of Jerod Gunsberg at 310-210-0744 for a free and confidential discussion of your case.