Understanding Your Resisting Arrest Charge: A Clear Guide to California Penal Code

January 20, 2026 | Nafiz M. Ahmed

Resisting arrest is a commonly-charged offense in California, yet it’s also one of the most misunderstood. Under California Penal Code 148(a) PC, it’s illegal to “willfully resist, delay, or obstruct” a law enforcement officer or emergency medical technician (EMT) performing their lawful duties.

While that might sound straightforward, the law can apply to a wide range of situations. For example, certain small acts of defiance, like refusing to follow police instructions, can lead to an arrest. However, not every confrontation with police qualifies as resisting under the law.

Here’s a clear explanation of what the statute means and how an experienced criminal defense lawyer can help protect your rights.

What Does Penal Code 148(a) PC Prohibit?

Under California law, you can be convicted of resisting arrest if the prosecution proves three main elements beyond a reasonable doubt:

A police officer or EMT was performing their lawful duties
You willfully resisted, delayed, or obstructed them
You knew or reasonably should have known that they were performing those duties

“Willfully” means acting on purpose, not by accident. The law doesn’t require that you use physical force. Instead, words and actions that interfere with an officer’s work can also count.

Examples of Actions That May Constitute Resisting Arrest

Resisting arrest charges often arise from tense, rapidly unfolding interactions with law enforcement, where actions taken in the moment may later be labeled as resistance. Whether conduct is actually unlawful depends on the specific circumstances and whether the officer was acting within their legal authority.

Examples that commonly lead to resisting arrest charges include:

Pulling away from handcuffs
Running from the scene
Giving false information during an arrest
Blocking an officer from assisting another person
Refusing to leave an area after being lawfully ordered to do so

However, whether the police exercised only their lawful duties could be key in these circumstances. If the officer used excessive force against you, for instance, your actions might be justified. In such cases, a defense attorney can argue that you had a legal right to protect yourself.

What Are the Penalties for a Resisting Arrest Conviction?

A violation of Penal Code 148(a) is typically charged as a misdemeanor. If convicted, you could face:

Up to one year in county jail
Fines up to $1,000
Probation
Community service
Anger management classes

The consequences don’t necessarily stop there. A conviction can also lead to collateral consequences, which could affect things like your employment and housing opportunities.

In more serious cases, prosecutors might pursue felony charges under other related laws, including Penal Code 69 (resisting an executive officer).

Possible Defenses in Response To Resisting Arrest Charges

Although every case has a unique set of facts and circumstances, there are several defenses that are commonly used to challenge these allegations. Your attorney might be able to argue that:

The officer was not lawfully performing their duties, such as in an unlawful arrest
You acted in self-defense because the officer used unreasonable force
The accusations against you are false
There was no willful resistance, meaning that your actions were misunderstood in some way

Your lawyer can also review body camera footage and other forms of evidence to potentially expose inconsistencies that undermine the prosecution’s case.

Contact a San Jose Resisting Arrest Lawyer To Schedule a Confidential Consultation

If you’ve been accused of violating California Penal Code 148(a) PC, you may still have options available to you. A defense lawyer can help you challenge the evidence and work toward the best possible resolution as the law allows.

Contact Ahmed & Sukaram, Criminal Defense Attorneys, today to discuss your case in confidence with a San Jose criminal defense lawyer. With experienced legal representation, you can protect your rights and start moving forward appropriately.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500