Resisting, Obstructing, or Delaying Arrest
Penal Code 148(a)(1)
Information regarding the crime of resisting, obstructing, or delaying arrest is found at California penal code section 148(a)(1).
PC 148(a)(1) Abbreviated Law
Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment, is guilty of resisting, obstructing, or delaying arrest PC 148(a)(1).
A person may take a photograph or make an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, so long as the person is not obstructing or delaying the officer from making an arrest.
To prove that the defendant is guilty of resisting, obstructing, or delaying arrest, the prosecutor must prove:
- The peace officer or emergency technician was lawfully performing his or her duties, and
- The defendant willfully resisted, obstructed, or delayed the public official, and
- When the defendant acted he knew that the public official or police officer was performing his duties.
Note: Obstruction means to prevent or impede an officer or medical technician from performing his or her investigation or arrest. For example, providing false information to a police officer is obstructing an officer's duties.
Punishment & Sentence PC 148(a)(1)
The crime of resisting, obstructing, or delaying an officer is charged as a misdemeanor. If found guilty, the defendant may be punished by up to one year in jail.
Probation Sentence: PC 148(a)(1) convictions are eligible for a probation sentence (with or without jail). Any in-custody jail sentence associated with a probation sentence is usually much less than the maximum sentence of one year. Also, when jail is ordered as part of a probation sentence the jail may usually be served by house arrest (electronic monitoring), or work release. Whether or not a probation sentence is available in any PC 148(a)(1) case depends largely on the facts of the case and the defendant's criminal history.
Moral Turpitude Crime: Resisting arrest charged under PC 148(a)(1) is not considered a crime of moral turpitude for purposes of immigration consequences. However, a felony charge of the closely related crime of resisting an executive officer (PC 69) is considered a crime of moral turpitude.
Additional Punishment: In addition to any jail sentence for a conviction of PC 148(a)(1), the defendant may face the following penalties: Immigration issues (non-U.S. citizens), professional licensing consequences, penalty fines up to $1,000, civil lawsuits, family law legal consequences, and more.
Defense to Resisting Arrest
Common defenses to resisting, obstructing, or delaying a public officer include, intoxication, insanity, insufficient evidence, statute of limitations, mistake of fact, coerced confession, resisting an unlawful arrest, and more.
If you have been charged with resisting, obstructing, or delaying a public officer (resisting arrest), or PC 148(a)(1), contact our criminal defense attorneys today to learn your rights and options without delay.
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PC 148(a)(1) Resisting Arrest (Obstruction)
- Animal Cruelty
- Attempt Crimes
- Child Endangerment
- Corporal Injury
- Criminal Threats
- Domestic Battery
- Drunk in Public
- Evading Police
- False Imprisonment
- Hate Crimes
- Insurance Fraud
- Keeping a House of Prostitution
- Oral Copulation
- Petty Theft
- Prohibited Weapons
- Receiving Stolen Property
- Resisting Arrest
- Sexual Battery
- Spousal Abuse
- Statutory Rape
- Vehicle Theft
- Welfare Fraud
- Witness Intimidation
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Crimes related to resisting arrest PC 148(a)(1)
- Removal of officer’s weapon & resisting PC 148(b)
- False representations to police PC 148.9
- Removing firearm from officer PC 148(d)
- False representation to officers PC 148.9
- False report of crime PC 148.5
- Resisting or obstructing officer PC148(a)(1)-M