Articles Posted in Resisting Arrest

At the time of arrest, police officers can be a little aggressive in questioning the person being charged as well as in searching private spaces that should be protected by the Fourth Amendment. This often leads to uncooperative behavior by the person being arrested because they do not feel as if they are being treated properly.

In certain situations, uncooperative behavior can result in additional charges such as resisting arrest. California Penal code §148 (a)(1) makes it illegal for any person to willfully resists, delays or obstructs any public officer will be charged accordingly. Any penalties arising from a resisting arrest charge will be in addition to charges sentenced for the crime during which the person was being uncooperative.

If a person is convicted of a resisting arrest charge, they may be sentenced anywhere up to a year in county jail and/or a fine of up to $1,000. The final penalty will depend on the specific facts of the arrest and the person’s prior criminal history. If the person has several charges of resisting arrest in the past, they are likely to have a higher penalty. Similarly, if the person was being highly uncooperative and obnoxious, there may be a higher sentence.