Why is resisting arrest a charge?

Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested.

Can you be charged with resisting arrest and nothing else?

Resisting arrest is a misdemeanor, punishable under California Penal Code 148(a)(1) PC. As a standalone crime with its own distinct penalties, you can be charged and convicted for resisting arrest even if you are not found guilty of the crime the officer was attempting to arrest you for.

Can you resist arrest if you’re innocent?

The Crime of Resisting Arrest An arrest can be lawful even if the arrestee is innocent. If a state makes it a crime to resist an arrest, even if the arrest is unlawful, this can result in a separate criminal charge.

What does resisting arrest without violence mean?

Definition and Elements of the Crime Resisting Arrest under California Penal Code Section 148(a) PC is a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer or emergency medical technician from performing his or her lawful duties.

What is the consequences for resisting arrest?

Resisting arrest in California is a misdemeanor, punishable by up to one year in jail, and/or a $1000 fine. In order to be found guilty of this offense, the prosecutor must prove the following elements: (1) A peace officer (police officer, emergency medical technician, etc.)

Is Resisting arrest a primary charge?

Arrested For Resisting Arrest — Yes, It’s Possible : The Two-Way Resisting arrest is usually a secondary charge against someone already being arrested for something else, but not always.

Is Resisting arrest a crime?

What is defined as resisting arrest?

Resisting arrest is the crime of preventing or hindering an arrest. Also referred to as “resisting an officer” or sometimes merely as “resisting” or “obstructing.” Many states have specific criminal statutes making resisting arrest a crime.

What is resisting officer without violence to his person?

Resisting an officer without violence requires that a defendant resist, obstruct of oppose a law enforcement officer in the lawful execution of his duties and that the defendant knew the victim was a law enforcement officer. The offense is a first degree misdemeanor punishable up to a year in jail.

What is the consequence for resisting arrest?

What is the 149 g law?

California Penal Code 149 PC states that “every public officer who, under color of authority, without lawful necessity, assaults or beats any person” is guilty of a misdemeanor.

What are the consequences of resisting arrest?