"Resisting Arrest" is Broadly Defined
California Penal Code 148 (a)(1) defines the offense commonly known as "resisting arrest." This crime most frequently gets charged in a situation where a police officer goes to arrest someone, and the person struggles physically to avoid being taken into custody. Police then have to apply greater force to subdue the suspect.
But California Penal Code 148 reads broader than just the traditional notion of "resisting arrest." It applies to situations where a suspect is "resisting, delaying or otherwise obstructing" a peace officer or emergency medical technician in performing his/her duties. Basically this means anything that thwarts a peace officer in conducting an investigation and facilitating arrest qualifies as “resisting arrest.” Other examples would include providing a false identity to an arresting officer or filing a false police report.
Penal Code 148 is a California misdemeanor that could land a person in jail for up to one year. Many of these cases involve a police officer's word against a suspect's word. In that situation, defense attorneys will want to conduct a "Pitchess Motion" to see the entire personnel and complaint history of the officer. It may turn out the cop has been accused in the past of excessive force and making false accusations against suspects. If so, the defense can use this to impeach the officer's credibility, and often get the resisting arrest case reduced or dismissed.
