What does it mean to resist an arrest?

Resisting arrest is the crime of preventing or hindering an arrest. Also referred to as “resisting an officer” or sometimes merely as “resisting” or “obstructing.” Many states have specific criminal statutes making resisting arrest a crime.

How do you resist arrest?

There are three elements required to prove the crime of resisting arrest in California:

1. A peace officer, EMT, or public officer was lawfully performing or attempting to perform their duties.
2. Willfully resisted, obstructed or delayed the execution of the officer or EMT’s duties.

What does resisting arrest without violence mean?

Definition and Elements of the Crime Resisting Arrest under California Penal Code Section 148(a) PC is a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer or emergency medical technician from performing his or her lawful duties.

What is not considered resisting arrest?

4Can you resist an unlawful arrest? You are not allowed to resist an unlawful arrest, unless the peace officer used excessive force against you. An officer’s excessive use of force is a defense to the charge for both lawful and unlawful arrests.

Is it a crime to resist arrest?

Resisting arrest in California is a misdemeanor, punishable by up to one year in jail, and/or a $1000 fine. In order to be found guilty of this offense, the prosecutor must prove the following elements: (1) A peace officer (police officer, emergency medical technician, etc.)

Why is it a crime to resist arrest?

Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested.

What is 148 point G?

(g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of …