Resisting, delaying, or obstructing a peace officer in California is charged under Penal Code §148(a)(1). It is a misdemeanor punishable by up to 1 year in county jail and a $1,000 fine. PC §148 charges frequently overlap with allegations of excessive force by the officer, and a successful defense often turns on whether the officer was engaged in the lawful performance of duties at the time of the alleged resistance. The Law Office of Zak Fisher represents people charged with resisting arrest and related offenses across Los Angeles County for a flat fee, with a free 20-minute consultation for anyone facing a pending charge.
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What Penal Code §148(a)(1) actually says
PC §148(a)(1) makes it unlawful 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.
Related subsections include:
- PC §148(b) through (d): Removing or taking an officer firearm during a 148 violation, escalating penalties.
- PC §148(g): Recording a peace officer in the performance of duties from a place the recorder has a right to be is expressly not a 148 violation.
- PC §69: Resisting an officer by means of threats or violence, a wobbler with much higher exposure.
- PC §241(c) and §243(b): Assault and battery on a peace officer.
What the prosecution must prove
- A peace officer (or public officer or EMT) was lawfully performing duties,
- The defendant willfully resisted, delayed, or obstructed that officer in performing those duties, and
- The defendant knew, or reasonably should have known, the person was a peace officer performing duties.
Element 1 is critical. If the officer was not lawfully performing duties (e.g., the detention was unlawful, the arrest was without probable cause, or the officer was using excessive force), there is no PC §148 violation as a matter of law. See CALCRIM 2656.
Common defenses to a PC §148 charge
- Unlawful detention or arrest: PC §148 requires lawful performance of duties. If the underlying detention or arrest was unlawful (no reasonable suspicion or no probable cause), there is no §148 violation. This is often litigated through a motion to suppress under PC §1538.5 or as a defense at trial.
- Excessive force: An officer using excessive force is not engaged in the lawful performance of duties. Under California law, a person may use reasonable force to defend themselves against excessive police force. Susag v. City of Lake Forest, 94 Cal.App.4th 1401 (2002).
- First Amendment: Speech alone, including verbal protest, refusing to answer questions, and recording officers, cannot support a §148 conviction. Mackinney v. Nielsen, 69 F.3d 1002 (9th Cir. 1995). Profanity directed at officers is protected speech. City of Houston v. Hill, 482 U.S. 451 (1987).
- Not willful: Confusion, intoxication, language barrier, or physical inability can negate willfulness.
- Recording was lawful: PC §148(g) expressly protects recording officers from a place the recorder has a right to be.
- Pitchess motion: PC §148 cases almost always benefit from a Pitchess motion under Evidence Code §§1043 to 1045 for prior officer complaints involving dishonesty, excessive force, or racial bias.
- No knowledge of officer status: Plainclothes officers and out-of-uniform encounters can support this defense.
- Identification issues: In crowd or protest situations, identifying the specific defendant alleged to have resisted is often difficult.
Penalty ranges for PC §148(a)(1)
Misdemeanor
- Up to 1 year in county jail
- Fine up to $1,000 plus penalty assessments
- Up to 3 years of summary probation
Related charges with higher exposure
- PC §69: Resisting by threats or violence. Wobbler, up to 3 years in state prison as a felony.
- PC §241(c): Assault on a peace officer. Misdemeanor up to 1 year.
- PC §243(b): Battery on a peace officer. Misdemeanor up to 1 year. Wobbler under §243(c) if injury results.
What happens at a Los Angeles PC §148 arraignment
PC §148 cases are filed in the misdemeanor calendar of the courthouse covering the alleged incident. Most defendants are released on own recognizance. Diversion under PC §1001.95 is broadly available. PC §148 cases often coexist with planned civil claims for unlawful detention, excessive force, or First Amendment retaliation, and the criminal defense strategy should be coordinated with any civil rights counsel. Under PC §977, counsel can appear for the client at most subsequent court dates.
How the Law Office of Zak Fisher handles PC §148 cases
Each case begins with a free 20-minute consultation to identify the initial detention or arrest, the officer agency, and any video evidence. If the case is taken, the fee is flat and quoted in writing before engagement. Early steps include obtaining all bodycam, dashcam, witness phone video, and radio dispatch audio; filing a Pitchess motion under Evidence Code §1043; and assessing the lawfulness of the underlying detention under PC §1538.5. Where the facts support it, the practice pushes for outright dismissal based on unlawful detention or excessive force, diversion under PC §1001.95, or reduction to PC §415. The practice personally appears at every court date and answers texts and emails within one business day.
Contact
Law Office of Zak Fisher
8335 W. Sunset Blvd., Suite 354
West Hollywood, CA 90069
Phone: (310) 818-7461
Email: info@zakfisherlaw.com
Hours: Monday through Thursday 10:00 AM to 4:30 PM, Friday 10:00 AM to 4:00 PM
Book a free 20-minute consultation
Frequently asked questions about resisting arrest in California
Is resisting arrest a misdemeanor in California?
PC §148(a)(1) is a misdemeanor with up to 1 year in county jail and a $1,000 fine. Resisting an officer by threats or violence under PC §69 is a wobbler with much higher exposure.
Can I be charged with PC §148 just for arguing with the police?
No. Speech alone, including verbal protest, profanity, and refusing to answer questions, cannot support a §148 conviction. Mackinney v. Nielsen, 69 F.3d 1002 (9th Cir. 1995); City of Houston v. Hill, 482 U.S. 451 (1987).
Can I be charged with PC §148 for recording the police?
No. PC §148(g) expressly provides that recording an officer carrying out official duties, from a place the recorder has a right to be, does not constitute a violation of §148.
What if the officer was using excessive force?
An officer using excessive force is not engaged in the lawful performance of duties. A person may use reasonable force to defend against excessive police force, and a §148 charge fails as a matter of law if the underlying force was excessive. Susag v. City of Lake Forest, 94 Cal.App.4th 1401 (2002).
What if the underlying detention or arrest was unlawful?
PC §148 applies only when the officer is lawfully performing duties. If the detention was without reasonable suspicion or the arrest without probable cause, the §148 charge fails. This is often litigated through PC §1538.5.
Is PC §148 a strike?
No. PC §148(a)(1) is a misdemeanor and not a strike. PC §69 (resisting by threats or violence) can be a strike when filed as a felony.
Can a PC §148 case be diverted?
Yes. PC §1001.95 diversion is broadly available. On successful completion of conditions, the case is dismissed.
What is a Pitchess motion and why does it matter in PC §148 cases?
A Pitchess motion under Evidence Code §§1043 to 1045 allows the defense to discover prior complaints against the arresting officer for dishonesty, excessive force, racial bias, and similar misconduct. PC §148 cases routinely turn on officer credibility, so Pitchess discovery can be decisive.
Can I sue if I was arrested unlawfully and charged with PC §148?
Possibly. Civil claims under 42 U.S.C. §1983 (federal civil rights) and California Civil Code §52.1 (Bane Act) may be available. These are civil matters separate from the criminal defense and have their own deadlines.
How long does a PC §148 conviction stay on my record?
Indefinitely unless expunged. Expungement under PC §1203.4 is available after successful probation. Diversion completion under PC §1001.95 results in dismissal with no conviction.