One of the trickiest accusations to comprehend is resisting arrest, which some law enforcement frequently misunderstands and abuses intentionally or out of ignorance. The accused and the arresting officer must understand the specifics of Penal Code 148 as they apply in California. As such, a resisting arrest lawyer may be more beneficial because they specialize in this offense.

The most common and usual term for Penal Code 148 is “resisting arrest,” and it is a misdemeanor crime. The charge is frequently filed alongside another offense, preferably the one that led to the arrest.

The ease with which the legislation can be exploited, frequently by law enforcement and to the detriment of the individual being detained, necessitates that the accused comprehend the legal difficulties surrounding Penal Code 148. For instance, if excessive force was used or the suspect was hurt during the arrest, the outcome of a case involving resisting arrest may vary greatly. Where an unlawful arrest has taken place, the same is true.

thresholds of resisting an arrest

Thresholds of Resisting an Arrest in the State Of California

Under the statutory meaning of “resisting an arrest,” the three essential components must be present for the criminal charges to be upheld in court. Therefore, it is the prosecution’s responsibility to prove all three factors were present to establish guilt. The thresholds include the following:

  • There was a law enforcement officer, such as a peace officer or emergency medical technician (EMT), performing their legal duties.
  • The accused aimed to hinder, impede, or postpone the performance of the officer’s legal obligations.
  • The suspect knew or rationally should have known that the individual attempting the arrest was an EMT or public official carrying out a legal obligation.

However, when facing such charges, all these can be difficult to comprehend without the help of a lawyer. Therefore, contact Bakersfield’s resisting arrest lawyer if you or your loved one is facing charges regarding resisting arrest.

Why Hire the Law Office of David L. Faulkner?

Our lawyers at the law office of David L. Faulkner will assist you in creating a strong defense based on relevant evidence and legal analysis of the charge to obtain a favorable court decision.

For instance, our lawyers understand the law surrounding police misconduct or unlawful arrest. In that, an offense of “resisting arrest” is not committed by someone who resists an illegal arrest. It emerges that a law enforcement officer does not have the authority under the law to make an unauthorized arrest; hence doing so is not a part of their official responsibilities.

Understanding such defenses will help you emerge victorious in your case. Contact our law offices today to obtain more information concerning our services on this matter.

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