Resisting Arrest in California (Penal Code § 148(a)(1))

Resisting arrest under Penal Code § 148(a)(1) is one of the most commonly charged misdemeanors in California—and one of the most misused. The statute is vague. The standard is low. And for many officers, it’s the go-to fallback when a stop doesn’t go as planned or when there’s no real underlying offense to charge.

People are arrested under PC § 148(a)(1) for pulling away during handcuffing, asking questions during a stop, or reacting fearfully to sudden force. It’s a charge that often says more about the officer than the accused.

What Penal Code § 148(a)(1) Really Prohibits

California law makes it a misdemeanor to:

“Willfully resist, delay, or obstruct any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of their office or employment.”

This is a broad statute, and that’s part of the problem. People have been charged under PC § 148(a)(1) for actions like:

• Asking why they’re being detained
• Pulling their arm away during handcuffing
• Walking away from an officer without hearing a command to stop
• Protesting an unlawful search or seizure

The law doesn’t require physical resistance. It doesn’t require threats. And it doesn’t require any underlying crime other than the supposed resistance.

The Elements the State Has to Prove

To convict someone under PC § 148(a)(1), the prosecution has to prove:

1. You willfully resisted, delayed, or obstructed an officer or EMT;
2. That person was lawfully performing their duties;
3. You knew or reasonably should have known they were an officer or EMT;
4. Your actions actually interfered with their work.

If any one of these falls apart, so does the case. Especially critical: the officer must have been acting lawfully at the time. That’s where we start our analysis.

Penalties for Resisting Arrest in California

A PC § 148(a)(1) charge is a misdemeanor, but the consequences are still serious:

• Up to 1 year in county jail
• A fine up to $1,000
• Misdemeanor probation
• Possible court-ordered programs or community service

For many clients, the biggest damage is to their record and reputation. A conviction can affect jobs, housing, licensing, and immigration status.

Felony-Linked Versions of the Charge

While PC § 148(a)(1) itself is a misdemeanor, other sections of 148 escalate the situation when weapons are involved:

• PC § 148(b): Taking a non-firearm weapon from an officer
• PC § 148(c): Taking a firearm from an officer
• PC § 148(d): Attempting to remove an officer’s firearm without intent to keep it

These are felony or wobbler charges and carry potential prison time. They also have unique evidentiary standards, including the need for specific forensic or eyewitness proof.

Situations That Are Not a Violation of PC § 148(a)(1)

This statute is not unlimited. In fact, there are clear legal protections for conduct that officers often misinterpret:

• Filming or photographing police in a public space
• Verbal objections that don’t physically interfere
• Lawful refusal to comply with an unlawful command

PC § 148(g) specifically protects recording police activity, even if the officer doesn’t like being filmed.

How We Defend Resisting Arrest Charges

We don’t treat this like a throwaway misdemeanor. We treat it like what it often is: a weak charge filed to retroactively justify a stop, a detention, or the use of force.

1. Challenging Whether the Officer Was Acting Lawfully

If the officer didn’t have probable cause, or used excessive force, they weren’t lawfully discharging their duty. That undermines the entire charge.

2. Showing No Willful Resistance

Flinching, backing up, or instinctively reacting to pain or surprise is not the same as resisting arrest. If it wasn’t willful, it doesn’t meet the statute.

3. Highlighting Lack of Actual Interference

The law requires interference, not just noncompliance. If the officer completed their task anyway, what exactly was delayed or obstructed?

4. Using Video, Audio, and Witness Testimony

Body-worn camera footage, civilian videos, and eyewitness statements can often tell a very different story than the one in the arrest report.

5. Attacking Motivation and Officer Credibility

We expose patterns of overcharging, inconsistencies in use-of-force narratives, and ulterior motives behind the arrest. That includes cross-examining the arresting officers and analyzing their reports for contradictions.

Why This Charge Is So Often Misused

Police know that resisting arrest is an easy fallback. If a stop escalates, and no solid underlying crime exists, PC § 148(a)(1) becomes the plug-in.

It’s also used to:

• Justify force that may have been excessive
• Retaliate against people who assert their rights
• Pad arrest stats or reports
• Shift attention away from a bad stop

This makes the charge not only frustrating—but dangerous to your record if not fought properly.

Early Action, Smart Strategy

A resisting arrest charge often sets the tone for how law enforcement, the prosecutor, and the court treat a case. Getting ahead of it means:

• Preserving critical evidence (especially digital)
• Securing statements from witnesses
• Forcing prosecutors to re-examine whether the charge can really be proven

At David P. Shapiro Criminal Defense Attorneys, we don’t wait for plea offers. We investigate, apply pressure, and position our clients for the best possible outcome—whether that means dismissal, reduction, or winning at trial.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.