What Is Resisting Arrest Under California PC 148? How Bay Area Courts Handle These Cases
Under California Penal Code 148(a)(1), it is a crime to willfully resist, delay, or obstruct a peace officer, public officer, or emergency medical technician (EMT) who is carrying out their lawful duties. Across the Bay Area, from San Jose to San Francisco to Oakland, PC 148 is one of the most commonly charged misdemeanors. It covers much more than just physically fighting an officer.
You do not need to use physical force to be charged under PC 148. Actions like giving a false name, refusing to follow lawful orders, pulling away during an arrest, or running from police can all lead to charges. In busy Bay Area jurisdictions like Santa Clara County, Alameda County, and San Francisco County, prosecutors file these charges regularly.
At Summit Defense, our team includes former prosecutors and a former police officer who have worked in Bay Area courtrooms for decades. We understand how these charges are built, and we know that officers sometimes misuse PC 148 to:
- Cover up their own misconduct or mistakes
- Blame a defendant for injuries the police actually caused
- Punish someone they feel was disrespectful
- Make a minor incident look more serious than it was
- Justify force used during public order situations, such as at Bay Area protests or during a traffic stop related to a DUI investigation
If you were charged with resisting arrest anywhere in the Bay Area, including San Jose, San Francisco, Oakland, Redwood City, San Rafael, or Pleasanton, you need a defense attorney who knows the local courts and how to challenge these tactics.
Penalties for Resisting Arrest in California Bay Area Courts
Resisting arrest under PC 148(a)(1) is a misdemeanor in California. But do not let the word "misdemeanor" fool you. In Bay Area counties like Santa Clara, Alameda, San Mateo, and Marin, a conviction can follow you for years and affect your job prospects, housing applications, and professional licenses.
Misdemeanor Penalties (PC 148(a)(1))
- Up to one year in county jail
- A fine of up to $1,000
- Informal (summary) probation
- A permanent mark on your criminal record
In some cases, resisting arrest is charged alongside more serious offenses. For example, if the prosecutor claims you used force against an officer, you could also face charges for battery on a peace officer under PC 243(b), which is a more serious offense. Related violent crimes charges can increase jail time and fines significantly.
Enhanced Penalties for Related Offenses
If the resisting arrest allegation involves removing or attempting to take a weapon from an officer, the charge can become a wobbler or even a straight felony:
- PC 148(b) - Taking a non-firearm weapon from an officer: wobbler offense, up to 3 years in state prison
- PC 148(c) - Taking a firearm from an officer: felony, up to 3 years in state prison
- PC 148(d) - Taking a firearm from an officer (not during resisting): felony, fines up to $10,000 plus state prison
Factors That Influence Sentencing in Bay Area Courts
Judges in Bay Area courts look at many factors when deciding a sentence. These include whether alcohol or drugs were involved, your criminal history, whether anyone was injured, and the overall circumstances of the incident. Sentencing practices can vary from one county to the next. For example, judges in San Francisco may handle these cases differently than judges in Santa Clara County or Contra Costa County. An experienced local resisting arrest defense attorney can present mitigating factors tailored to the court where your case is filed.
At Summit Defense, we work to get charges reduced, secure probation instead of jail, and enroll eligible clients in diversion programs available throughout the Bay Area. If you were arrested during an event that also involved drug-related charges, we can address all charges together.
Defenses Our Bay Area Attorneys Use to Fight PC 148 Charges
Every resisting arrest case is different, but there are several strong defenses that our Bay Area attorneys use regularly. Below are the most common defense strategies for PC 148 charges filed in San Jose, San Francisco, Oakland, and surrounding courts.
You Were Not Actually Resisting or Obstructing
Officers sometimes exaggerate what happened. Maybe you were confused, scared, or simply asking questions. Verbally protesting an arrest or asking why you are being detained is not a crime. PC 148 requires that your actions were willful, meaning you acted on purpose.
If your movements were involuntary, accidental, or a natural reaction to pain, fear, or surprise, you may have a strong defense. Our lawyers review body camera footage, witness statements, and other evidence to show that your actions did not rise to the level of resisting arrest.
The Officer Was Not Performing Lawful Duties
One of the most important elements the prosecution must prove is that the officer was acting lawfully at the time. If the officer was violating your rights, conducting an illegal search, or making an unlawful arrest, then the entire basis for the PC 148 charge falls apart.
California jury instructions make this clear: a peace officer is not lawfully performing their duties if they are unlawfully arresting or detaining someone, or using unreasonable force. Understanding your rights during the arrest and booking process is an important part of building a defense.
The Officer Used Excessive Force
Under California law, you have a right to use reasonable force to defend yourself against excessive force by a police officer. If an officer used more force than necessary, you may have been acting in lawful self-defense.
Use-of-force incidents by Bay Area police departments, including SJPD, SFPD, and OPD, have been well documented. Our attorneys are familiar with local law enforcement practices and investigate every interaction to gather evidence showing when officers crossed the line.
False Arrest - The Arrest Itself Was Unlawful
If the underlying arrest was unlawful, the resisting charge may not hold up. For example, if police arrested you without probable cause or without a valid warrant, your defense attorney can challenge the legality of the arrest. You also have certain protections under your Miranda rights that officers must respect during and after the arrest.
Insufficient Evidence and Reasonable Doubt
The prosecution must prove every element of PC 148 beyond a reasonable doubt. If there are gaps in the evidence, conflicting witness accounts, or missing body camera footage, a skilled defense lawyer can use that to your advantage. Bay Area police departments are increasingly required to use body-worn cameras, and gaps in that footage can be powerful evidence for the defense.
Summit Defense attorneys include a former police officer and former prosecutors who have practiced in Bay Area courtrooms. This gives us unique insight into how local DAs build their cases, and where the weaknesses are.
Resisting Arrest vs. Related Criminal Charges in Bay Area Courts
People charged with resisting arrest in the Bay Area often face additional or alternative charges. Understanding the differences between these offenses can help you know what you are up against when your case goes before a judge in Santa Clara County, San Francisco County, Alameda County, or any other Bay Area jurisdiction.
Assault (PC 240/241)
Simple assault is a misdemeanor. Assault on a peace officer under PC 241(c) carries harsher penalties, including up to one year in county jail and a $2,000 fine.
Battery on a Police Officer (PC 243(b)-(c))
Battery on a peace officer can be charged as a misdemeanor or felony. A misdemeanor conviction under PC 243(b) carries up to one year in jail. A felony conviction under PC 243(c)(2) can result in up to three years in state prison.
Evading Arrest (Vehicle Code 2800.1/2800.2)
If you are accused of using a vehicle to flee from police, you could face evading arrest charges. Misdemeanor evading carries up to one year in jail. Felony evading, which involves reckless driving, can lead to state prison time.
Disturbing the Peace (PC 415)
This lesser charge is sometimes offered as a plea deal in resisting arrest cases. It covers things like fighting in public, making excessive noise, or using offensive language. It can be charged as a misdemeanor or an infraction, depending on the facts.
How Our Bay Area Resisting Arrest Defense Lawyers Fight for You
At Summit Defense, we have over 120 years of combined criminal defense experience in Bay Area courtrooms. Our attorneys have successfully defended hundreds of clients facing resisting arrest and related charges in San Jose, San Francisco, Oakland, San Rafael, Burlingame, Pleasanton, Redwood City, and Sacramento.
We know the local prosecutors, judges, and court systems in every Bay Area county, including Santa Clara County, San Francisco County, Alameda County, San Mateo County, Marin County, and Contra Costa County. When you hire us, we will:
- Review all evidence, including police reports, body camera video from local agencies like SJPD, SFPD, and OPD, and witness statements
- Investigate whether the officer was acting lawfully at the time of your arrest
- Identify all possible defenses to reduce or dismiss the charges based on the specific practices of the county DA handling your case
- Negotiate with Bay Area prosecutors for reduced charges or diversion programs available in your county
- Take your case to trial in local courts if that gives you the best chance at a favorable outcome
We also help with related matters, such as domestic violence charges that sometimes accompany resisting arrest allegations in the Bay Area.
Frequently Asked Questions About Resisting Arrest in the Bay Area
Is resisting arrest a felony or misdemeanor in California?
Resisting, obstructing, or delaying a peace officer under PC 148(a)(1) is a misdemeanor. However, related charges can be felonies. For example, if you are accused of using force or violence against an officer, you could face felony charges for battery on a peace officer (PC 243(b)-(d)) or assault on a peace officer, which carry prison time. Bay Area prosecutors in counties like Santa Clara, Alameda, and San Francisco may charge these offenses differently depending on local policies.
Can resisting arrest charges be dropped in Bay Area courts?
Yes. Resisting arrest charges can be reduced or dismissed if your attorney can show that the arrest was unlawful, the officer used excessive force (giving you a right to resist), the evidence does not support the charge, or the alleged "resistance" was a natural physical reaction rather than intentional obstruction. In Bay Area courts, an experienced local attorney who knows the judges, prosecutors, and court procedures can often negotiate better outcomes. Body camera footage from agencies like SJPD, SFPD, or OPD is often key evidence in getting charges dropped.
What if Bay Area police used excessive force during my arrest?
If the arresting officer used unreasonable or excessive force, you may have a defense to the resisting arrest charge. Under California law, you have a right to use reasonable force to defend yourself against excessive force by a police officer. Bay Area police departments, including San Jose PD, San Francisco PD, and Oakland PD, are required to use body-worn cameras. Your attorney can review that footage and other evidence to determine if excessive force was used and build a defense around it.
Can I be charged with resisting arrest in California even if I did not physically resist?
Yes. PC 148 covers not just physical resistance but also obstruction and delay. This can include giving a false name, refusing to follow lawful commands, pulling away from an officer, or trying to flee. However, simply protesting an arrest verbally or asking questions is generally not enough to be charged with resisting arrest. Bay Area courts recognize your right to free speech during police encounters.
Do I need a lawyer for a resisting arrest charge in the Bay Area?
You have a right to represent yourself, but it is not recommended. A resisting arrest charge puts you directly against the police. Officers are trained witnesses and Bay Area juries often believe them. Having a skilled local defense attorney who knows the courts in San Jose, San Francisco, Oakland, San Rafael, and other Bay Area cities gives you the best chance of getting the charges reduced or dismissed. Summit Defense offers free consultations at our offices throughout the Bay Area.
What should I do if I am arrested for resisting arrest in San Jose, San Francisco, or Oakland?
Stay calm and do not argue with the officers. You are only required to give your name. Beyond that, exercise your right to remain silent. Do not answer questions without a lawyer present. Once you are released, contact a Bay Area criminal defense attorney right away. Summit Defense has offices in San Jose, San Francisco, Oakland, San Rafael, Burlingame, Pleasanton, Redwood City, and Sacramento, and we offer 24/7 consultations.
How much does a resisting arrest lawyer cost in the Bay Area?
The cost of a resisting arrest defense attorney in the Bay Area varies depending on the complexity of your case, the county where you were charged, and whether the case goes to trial. Summit Defense offers free initial consultations so you can understand your options and get a clear picture of costs before making any decisions. Call us at 866-560-4276 to schedule yours.
Facing a Resisting Arrest Charge in the Bay Area? Talk to Our Team Today.
A resisting arrest charge under PC 148 does not mean you are guilty. Police misconduct, unlawful arrests, and excessive force are valid defenses that can lead to reduced or dismissed charges in Bay Area courts. The experienced defense attorneys at Summit Defense know how local prosecutors and judges handle these cases, and we will fight to protect your rights.
With offices in San Jose, San Francisco, Oakland, San Rafael, Burlingame, Pleasanton, Redwood City, and Sacramento, we are ready to take your call. We serve clients across Santa Clara County, San Francisco County, Alameda County, San Mateo County, Marin County, Contra Costa County, and Sacramento County.
Call 866-560-4276 for a free consultation. Available 24/7.
