San Jose Resisting Arrest Attorney
Resisting arrest in California is a misdemeanor that can carry jail time and result in a criminal record. However, police frequently use this charge to cover up unlawful conduct or punish someone who was disrespectful during an arrest. That’s why it’s crucial to seek legal representation if you’re facing resisting arrest charges in San Jose, CA.
The skilled legal team at Ahmed & Sukaram, Attorneys at Law is here to protect your rights and ensure you’re treated fairly. We understand the implications of false accusations, and we’ll work to have your charges dismissed or reduced.
Contact our San Jose resisting arrest attorneys to discuss what happened. We’ll listen to your version of events and prepare a defense strategy tailored to the facts of your case. Our law firm offers a free consultation, so call us at (408) 217-8818 to get the help you need.
How Can a San Jose Criminal Defense Lawyer Help If I’ve Been Accused of Resisting Arrest?
You don’t have to be under arrest to be charged with resisting arrest. Unfortunately, people facing this criminal charge are often wrongfully accused, perhaps because they argued with law enforcement officers or defended themselves against police misconduct.
Our experienced San Jose criminal defense attorneys will examine the facts of your case and evaluate its validity. We’ll be your strongest advocate and work to mitigate the potential penalties. We have over 30 years of collective experience to put behind your case, and our passion is obtaining justice for the accused.
If you hire Ahmed & Sukaram, Attorneys at Law after being charged with resisting arrest in San Jose, California, we’ll help by:
- Providing honest legal advice and keeping you updated throughout your case
- Investigating the incident and evaluating the prosecution’s evidence against you for weaknesses
- Gathering exculpatory evidence to prove your innocence and reduce/drop the charges
- Determining whether the police violated your constitutional rights
- Communicating and negotiating with the district attorney for a dismissal of charges or plea deal
- Representing you at trial in Santa Clara County if it’s in your best interest
To learn more about our legal services and how we can assist you, reach out to our law office for a free initial consultation. You’ll be able to speak with a San Jose resisting arrest lawyer and determine the best next steps.
What Is Considered Resisting Arrest in California?
Resisting arrest is a broad criminal offense under California law.
You can be charged with resisting arrest under California Penal Code 148 PC if you intentionally resist, delay, or obstruct a peace officer, public officer, or emergency medical technician from performing their duties. You don’t have to be under arrest, nor is physical resistance required.
For example, resisting arrest charges may be filed if you:
- Flee the crime scene
- Prevent a cop from handcuffing you
- Refuse to cooperate when an officer attempts to arrest you by forcing them to drag or carry you (e.g., by going limp)
- Become combative or verbally threaten a law enforcement officer or EMT
- Lie when being questioned by a police officer or provide a false identity
- Refuse to step out of a vehicle when asked by a police officer
- Prevent the police, firefighters, or EMTs from reaching an accident scene or rendering aid
- Prevent law enforcement from arresting another person
Simply photographing or recording a police officer in a public place isn’t considered resisting arrest. It also doesn’t give an officer reasonable suspicion to detain you or probable cause to make an arrest.
Criminal Offenses Related To Resisting Arrest in CA
Several crimes in California are related to resisting arrest. You may face them along with a resisting arrest charge, making your potential punishment harsher.
Related criminal offenses include:
- Interrupting or interfering with a public safety record transmission, such as a police radio (Penal Code 148(a)(2))
- Assault, such as if you attempted to hit an officer during the arrest (Penal Code 240 PC)
- Battery against a police officer or other protected official during the performance of their duties (Penal Code 243(b) or (c))
- Disturbing the peace, such as if you challenge a cop to fight or use offensive language or fighting words (Penal Code 415)
- Resisting an executive officer (Penal Code 69)
- Evading arrest or willfully fleeing or eluding a police officer by motor vehicle (Vehicle Code 2800.1 and 2800.2)
- Knowingly making a false report of an emergency (Penal Code 148.3)
- Knowingly making a false report that a crime has been committed (Penal Code 148.5)
- Giving a false name or identification to the police (Penal Code 148.9)
- Wearing a disguise to evade the police (Penal Code 185)
Most of these crimes are misdemeanors, but some are wobblers – meaning they could be charged as felonies in some situations. Seek assistance from a resisting arrest attorney in San Jose if you’re facing these charges or other allegations.
What Are the Potential Penalties for Resisting Arrest in San Jose, California?
Resisting arrest is typically charged as a misdemeanor in San Jose, CA. A conviction can result in imprisonment in county jail for up to one year and a $1,000 fine. You may also be punished with probation, depending on the circumstances.
However, resisting arrest is typically accompanied by other criminal charges. That means you may face other penalties, including more time in jail and steeper fines.
Additionally, certain aggravating factors may result in a harsher punishment. For example, if you attempted to remove a police officer’s weapon during the scuffle, you could face felony charges and up to three years in prison. You may also face multiple violations if you obstructed or resisted more than one law enforcement officer, EMT, or public officer.
What Are the Collateral Consequences Resulting from Resisting Arrest?
Any criminal conviction can negatively affect your life, from minor misdemeanors to serious felonies. That’s why you must take all accusations and charges seriously and seek help from an experienced attorney.
A criminal defense lawyer will protect you from the collateral consequences that often accompany convictions, including:
- Trouble with child custody and visitation
- Issues obtaining loans and housing
- Difficulty finding employment
- The denial of certain rights, such as the right to own a firearm
- Immigration issues
- The loss of professional licenses and certifications
- A damaged reputation in the community
We’ll help to minimize or eliminate the punishment you face, including the negative impact of a criminal record.
What Defenses Are Available If I’m Accused of Resisting Arrest in San Jose, CA?
The prosecution has the burden of proving that you resisted arrest beyond a reasonable doubt. If there are weaknesses in their case or they can’t meet their burden of proof on every element, they’ll be unable to prove that you resisted arrest.
The defenses available will depend on the facts of your case, including the conduct that gave rise to the charges.
Some potential defenses we can raise include but are not limited to:
- You did not willfully resist, obstruct, or delay (e.g., it was accidental, or you didn’t mean to obstruct justice)
- The police unlawfully arrested you, such as if they lacked probable cause, illegally searched you, or used excessive force
- Self-defense if the police used illegal, unreasonable force (e.g., you were defending yourself against excessive and unlawful force)
- Lack of knowledge that the person was an officer or EMT performing their duties
- You were falsely accused, or your conduct didn’t rise to the required level of resistance or obstruction (e.g., being rude doesn’t mean you resisted arrest or impeded the police from performing their duties)
- Other violations of your constitutional rights, such as unlawful seizure or failure to read Miranda rights
Our criminal defense attorneys in San Jose will evaluate the prosecutor’s case against you and gather evidence proving your innocence. If a valid defense doesn’t apply, we’ll fight for a favorable plea bargain to mitigate your potential penalties.
Schedule a Free Case Evaluation With Our San Jose Resisting Arrest Lawyers
If you’re facing resisting arrest charges in San Jose, CA, your reputation and freedom are on the line. It’s essential to take action and retain legal counsel to protect and defend your rights.
Ahmed & Sukaram, Attorneys at Law is here to assist. Our resisting arrest attorneys in San Jose will create a defense tailored to your specific case and provide compassionate guidance throughout the process.
Contact our law office today to schedule a free consultation. We’ll discuss the charges against you and the best course of action in your case.