If you attempt to physically touch, hit, or strike a law enforcement officer who is trying to arrest you, you may be charged with resisting arrest. You may be prosecuted for either a misdemeanor or felony crime, depending on the circumstances involved. It is important to note that you can even be charged with resisting arrest if you didn’t actually cause injury to the office or did not use a weapon.
If you find yourself facing any type or degree of resisting arrest charges, you should immediately consult with an experienced Fresno criminal defense attorney to protect your legal rights.
California Resisting Arrest Charges
California law makes it illegal to resist arrest. This means that any type of participation in an action to resist arrest, delay it, or otherwise obstruct law enforcement from attempting or performing an arrest, can result in criminal charges. Resisting arrest can take many forms, including:
- Getting into a physical altercation with police as they try to arrest you
- Verbally confronting police officers
- Giving false identification in connection with a crime
- Obstructing officers to carry the arrest of another individual
Proving Resisting Arrest Under the Law
In order to be charged with resisting arrest, the presecution must prove the following:
- Law enforcement was present and attempting to do their legal duties
- You were involved in the activity that prevented law enforcement from completing the arrest
- You engaged in such actions with the intention to prevent law enforcement from performing their duties
- You knew that law enforcement was attempting to engage in their duties
Punishment and Consequences for Resisting Arrest in California
If you are charged and convicted of resisting arrest as a misdemeanor, you can face up to 1 year in county jail and/or a fine of $1,000. If the charges are brought as a felony, you may face up to 3 years in state prison. The prosecution has the discretion to seek the severity of charges, making it very important for you to have the most competent and aggressive Fresno criminal defense attorney by your side in the courtroom.
A good criminal defense attorney knows the strategies the state uses when preparing their case. They will build their own effective case in your defense by investigating the facts surrounding your arrest and all available evidence. If your attorney finds any discrepancies or weaknesses I the prosecution’s case, they should request the charges against you to be reduced or dismissed altogether to avoid a trial.
Call an Experienced Fresno Criminal Defense Attorney
If you or someone you know has a warrant out for their arrest, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn about your legal rights and options.
For more information or to schedule a complimentary consultation with Fresno criminal defense attorney Gurjit Srai, please call (209) 323-5558 or complete our online form.