What does “resisting, delaying or obstructing an officer” mean?

California Penal Code 148a1 PC is the California statute that defines the crime of “resisting arrest.”

According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties.

Examples of Penal Code 148a1 violations include:

• a man fights off a police officer who is trying to put handcuffs on him.
• a woman gives police officers a false name when the officers are questioning her about committing a crime.
• a motorist purposely drives slowly in front of an EMT vehicle that has its sirens on and is racing towards the scene of an accident.

A person guilty of resisting arrest, or delaying or obstructing an officer, is charged with a misdemeanor. The penalties for the offense include:

• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.

1. When is a person guilty of resisting, delaying, or obstructing an officer?

California’s resisting arrest laws include a more comprehensive range of behavior than just a person resisting arrest.

While resisting an officer may be grounds for a conviction under PC 148a1, so can delaying or obstructing an officer or an EMT.

A prosecutor must prove three elements to successfully convict a person of a crime under Penal Code 148a1. These are:

1. there was a police officer or EMT that was lawfully performing, or attempting to perform, his duties,
2. the defendant willfully resisted, obstructed, or delayed him in performing, or attempting to perform, those duties, and
3. the defendant knew or reasonably should have known that the person was an officer or EMT engaged in those duties.¹

For purposes of this statute, “duties” definitely include an officer arresting a person. But they can also include:

• an officer or EMT traveling to the scene of a crime,
• an officer interviewing a person while investigating a crime, and/or
• an EMT monitoring a criminal suspect who is in custody.²

2. What are the penalties if a person is guilty under California Penal Code 148a1 PC?

The crime of resisting arrest is a misdemeanor offense. The penalties may include:

• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.³

Please note that a judge may order a defendant to misdemeanor probation instead of jail time. This is also called “summary” or “informal” probation.

3. Are any legal defenses available if accused of resisting, delaying, or obstructing an officer?

Luckily, there are legal defenses that a person can raise if accused of a crime under PC 148a1. A good defense can often get a charge reduced or even dismissed.

Please note, though, that it is critical for an accused to hire a criminal defense attorney to get the most effective defense.

Three common defenses to Penal Code 148a1 accusations are that the accused was:

1. wrongfully arrested,
2. falsely accused, and/or
3. acting in self-defense.

4. Is a PC 148a1 violation the same as Assault?

No. Assault is a separate offense from resisting, delaying, or obstructing an officer.

California Penal Code 240 PC defines the crime of assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” ⁴

Simple Assault is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.

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