California Penal Code 148

Are you facing charges for Resisting Arrest? Although violating Penal Code 148 is a misdemeanor offense, a conviction can have negative repercussions on your future. Every case is different and the differences that separate each case can have a huge impact on whether or not you will be successful when fighting your charges. In order to ensure your case is handled properly, speaking with a skilled legal professional is important.


At MacGregor & Collins, LLP, our criminal lawyers have spent several years assisting alleged criminal offenders with their penal code questions. They understand that good people can get into serious trouble, and they need someone with a passion for justice to help ensure their freedom. Call today to take advantage of a free consultation and case evaluation.


PC 148 Defined


According to California Penal Code 148, resisting arrest is when your oppose, obstruct or delay a police officer’s or emergency medical technicians’ ability to carry out their job duties.


Examples of resisting arrest include running away or struggling with a police officer at the time of handcuffing or being placed in a police car. There are also non-physical dissuasions that constitute resisting arrest such as presenting a false id or refusing to identify yourself.


Penalties for 148 PC Violations


In order to prosecute for Orange County resisting arrest, the state has the burden to prove
you are guilty of:


  • Resisting, obstructing or delaying a police officer or emergency medical technician
  • You did so while they were on duty
  • You intentionally resisted the arrest
  • You were aware that it was a police officer or EMT


Resisting Arrest is a misdemeanor punishable by:


  • A fine of no more than $1000
  • And/or imprisonment in the Orange County jail for up to 1 Year


Other Potential Penalties:


Prospective penalties for resisting arrest include probation.


Even though the examples listed above are defined as resisting arrest charges, certain provisions allow these examples to slide. It is important to hire a skilled lawyer, in order to fight resisting arrest charges. These misdemeanor charges can leave your records in bad shape for employment or background checks.


If you are facing resisting arrest charges for Penal Code 148 speaking with a skilled criminal attorney may be in your best interest. Call us today to take advantage of your free consultation and find out what your options are.

Free Consultation

Criminal Defense Guides