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Resisting Arrest

Available 24/7/365
See All Criminal Defense Practice Areas

Resisting Arrest

Available 24/7/365
See All Criminal Defense Practice Areas

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Resisting Arrest

ORANGE COUNTY RESISTING ARREST ATTORNEY California Penal Code Section 148(a)(1) codifies California law on resisting arrest. Section 148 penalizes resisting, obstructing, or otherwise delaying an officer or Emergency Medical Technician (EMT) in performing their duties.

What is resisting arrest in California?

An individual may be charged with resisting arrest under Penal Code Section 148(a)(1) if they (1) willfully obstructed, resisted, or delayed a police officer or EMT, (2) while the officer or EMT were performing their duties, (3) when they should have reasonably known that the person was an officer or EMT engaged in their duties.

California courts have found that individuals giving false identification or refusing to identify themselves during the booking process are guilty of resisting arrest under Section 148.

What are the penalties if convicted of resisting arrest?

The penalties for a conviction of resisting arrest under Section 148(a)(1) are

  • a fine of up to $1,000,
  • up to one year in county jail, or
  • both.

What are the defenses to California resisting arrest?

There are several defenses that can be raised for charges of resisting arrest depending on the specific facts of each case.

  • Self-defense
    An individual is allowed to defend him or herself against an unlawful arrest. However, under California’s self-defense laws, the individual defending him or herself must act in a way that is reasonable under the circumstances. For example, if an officer has an individual subdued and in handcuffs and starts beating her, she is allowed to use as much force as reasonably necessary to fend the officer off.
  • Unlawful arrest
    If the arrest procedure is in any way unlawful, an individual cannot be charged with resisting arrest, because officers are not engaged in one of their duties. For example, if police break into a suspect’s house without a warrant and put the individual in handcuffs, the arrest is unlawful and the individual cannot be charged with a violation of Section 148 if he resists.
  • Police misconduct
    An officer engages in misconduct when they routinely use excessive force, perform illegal arrests, enhance or make up charges, etc. All of this will be recorded in the officer’s personnel file. If an officer is suspected of having engaged in some kind of misconduct, a defense attorney can file a “Pitchess motion” which requests this information in the officer’s personnel file to help prove a case of police misconduct.
  • False allegations
    Many police officers may try to seek revenge on an individual by trumping up charges of resisting arrest when an individual may have simply been dismissive or uncooperative. California courts have found that, standing alone, slowly complying with an officer’s request; criticizing or swearing at an officer (as long as not using fighting words); or refusing to give identification in a police car on the way to jail is not sufficient for a conviction under Section 148.

Orange County Resisting Arrest Defense at the Johnson Criminal Law Group

Our criminal defense attorney at the Johnson Criminal Law Group will provide you with experienced legal defense for resisting arrest charges. If facing possible charges it is important to get in touch with our Orange County criminal defense lawyer as soon as possible. We can be reached by phone at (949) 622-5522 or you can send us a message online today.

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Criminal Defense Case Results

Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

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Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

Ms. Johnson-Norris has been a ‘guardian angel’ in our case from the first second we spoke. She’s dedicated such intense time and detail into making sure everything is handled perfectly. Our case has not been finished (yet), and we’re just in the initial stages, but we are already extremely confident in her abilities. Our case is extremely sensitive in nature, but Ms. Johnson-Norris has shown compassion, composure, and extensive knowledge, which is always super comforting. I can say with certainty that Ms. Johnson-Norris will handle our legal needs from the beginning to the end. Also, Ms. Johnson-Norris is really easy to get ahold of. She returns phone calls and/or emails very quickly, which is also a very comforting factor, and something I wanted to point out about her.

Jill, a Juvenile client

Lauren Johnson-Norris was not only responsive, she was compassionate and reasonably priced. I would highly recommend her. She negotiated with the district attorney and brought the case to a win/win.

Shannon, a Criminal Defense client

Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my questions. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance.

Heather, a Juvenile client

Thank you, Ms. Johnson-Norris, for your help and support in a very scary, bad time in my life! You were a ray of sunshine in a very dark place. I didn’t have to step foot in a courtroom once; Ms. Johnson-Norris was there for me. Always kept me up to date and informed of the progress of my case, was able to work out a very good deal with the courts. If you need a great attorney that will work for you and with you, then I would highly recommend you hire Lauren Johnson-Norris!

J.B., a criminal client

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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