Bond for Resisting Arrest: What Happens Next?

4 May, 15

• in Laws

A resisting arrest charge can be incredibly confusing and scary. Most people are surprised to learn what is considered resisting arrest, because the legal definition is much broader than the name implies. It covers a wide range of actions, many of which you might not expect. When a loved one is facing this, your priority is getting them home safely and quickly. The most effective way to do that is by securing a bond for resisting arrest. We’ll walk you through what this charge really means and the exact steps to take to support your family member.

What is a Resisting Arrest Charge?

A charge of resisting arrest actually applies to a range of people and not just a police officer making an arrest. The law includes most types of law enforcement officers who are representatives of the government and not a private business. This includes police officers, peace officers, sheriffs, and deputized individuals. It also applies to emergency services professionals such as emergency medical technicians, or EMTs. The general rule is that anyone who is acting on the behalf of the government attempting to enforce the law or provide medical care in an emergency could bring charges of resisting arrest against a person. If you are charged with Resisting Arrest, you should call a good bondsman.

Actions Considered Resisting Arrest

Several different types of actions are considered resisting arrest. The first action is physically attempting to stop an officer from making an arrest. An example would be struggling with the officer as he or she is attempting to put handcuffs on the individual. A second action that could be considered resisting arrest is yelling or screaming at an officer attempting to complete an arrest. The yelling or screaming could hinder the officer in the execution of official duties. A third action is delaying the execution of lawful duties such as EMTs providing lifesaving care or police chasing after a suspect. The final action is somehow obstructing an officer or EMT worker by preventing that individual from doing the job even if the obstruction is not physical.

Legal Requirements to Prove the Charges

Three things have to be proven in order to be found guilty of resisting arrest charges. The first is that the officer or EMT worker was attempting to lawfully perform some official action such as making an arrest. The second requirement is that the person must have performed those actions willfully and with the express intention of actually preventing the officer from doing whatever task was obstructed. The final factor is that a person must have been reasonably aware that the other party was actually a law enforcement officer or an EMT. All three must be proven to find someone guilty of resisting arrest.

Potential Penalties and Fines

Resisting arrest by itself is a misdemeanor charge. It is usually accompanied by other legal charges especially if the defendant was the subject of the initial arrest leading to the incident. Anyone found guilty of this crime could be fined up to $1,000. Additionally, someone could be placed on probation with specific restrictions. A final potential penalty is a maximum of one year in jail. Most people who are arrested for this charge are initially placed into jail pending a hearing. The way around this is to contact a bail bond agency. The agency can post a bail bond that allows the defendant to be released instead of waiting in jail. Most of the amount paid for the bond is returned when the trial is completed regardless of the outcome. This is a way to potentially avoid all jail time if the defendant is eventually found not a guild of resisting arrest.
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Two Types of Resisting Arrest Charges in California

In California, a resisting arrest charge isn’t a one-size-fits-all situation. The law distinguishes between acts of passive obstruction and those involving direct violence or threats. Understanding this distinction is key, as it dramatically affects the severity of the charge and the potential consequences you might face. The prosecution will look at the specific actions that occurred during the incident to determine which charge is appropriate. One is a misdemeanor, which is a less serious crime, while the other can be charged as a felony, carrying much heavier penalties. Knowing the difference can help you understand what you’re up against and why seeking immediate help is so important for your case.

The two primary statutes that cover these offenses are California Penal Code § 148(a)(1) and Penal Code § 69. The first deals with willfully resisting, delaying, or obstructing a peace officer in the performance of their duties. This is the broader, more common charge that doesn’t require any violence. The second, PC § 69, is much more serious and applies when someone uses threats or violence to deter an officer. Because the legal standards and potential outcomes are so different, it’s crucial to know which specific charge has been filed.

Resisting Without Violence: A Misdemeanor

The most common type of resisting arrest charge falls under California Penal Code § 148(a)(1). This law makes it a crime to willfully resist, delay, or obstruct a peace officer or emergency medical technician while they are performing their duties. The key here is that no violence is involved. This can cover a wide range of actions, from the more obvious, like running from the police or physically going limp to make an arrest more difficult, to less obvious ones. For example, knowingly providing false information to an officer during an investigation could also lead to this charge. The core of the offense is the intentional interference with a lawful process.

Potential Penalties for a Misdemeanor Conviction

Even though it’s a misdemeanor, a conviction for resisting an officer without violence carries significant penalties. If found guilty, you could face up to one year in county jail and a fine of up to $1,000. In addition to fines and potential jail time, a judge may also sentence you to summary probation. A conviction will also result in a criminal record, which can create obstacles in other areas of your life long after the fines are paid and the sentence is served. It’s a serious charge that shouldn’t be taken lightly, despite being classified as a misdemeanor.

Resisting With Violence: A Felony

The charge becomes much more severe when threats or violence enter the picture. Under California Penal Code § 69, it is illegal to attempt to deter or prevent an officer from performing their duties through any threat or use of violence. This includes actions like struggling violently, pushing, kicking, or hitting an officer during an arrest. It also covers threatening to harm an officer to stop them from acting. In California, this is known as a “wobbler,” which means the prosecutor has the discretion to charge it as either a misdemeanor or a felony, depending on the specifics of the case and your criminal history.

Potential Penalties for a Felony Conviction

If convicted of resisting arrest with violence as a felony, the penalties are steep. A felony conviction can lead to 16 months, two, or even three years in state prison and fines of up to $10,000. If it’s charged as a misdemeanor, the penalty is up to one year in county jail and a fine of up to $1,000. A felony conviction also counts as a “strike” under California’s Three Strikes Law if it involves force, which can lead to much harsher sentences for any future felony convictions. The consequences are life-altering, making a strong defense absolutely essential.

What to Do During an Arrest to Avoid Complications

The moments during an arrest are tense and confusing, but how you react can have a huge impact on your future. The best strategy is always to de-escalate the situation and protect your rights at the same time. Arguing with the officer, trying to explain your side of the story on the spot, or physically resisting will only make things worse and can lead to additional charges, like resisting arrest. Your primary goal should be to get through the encounter as safely as possible while creating the best possible foundation for your legal defense later on. This means staying calm, complying with lawful orders, and clearly stating your intention to exercise your rights.

Stay Calm and Follow Instructions

The single most important thing you can do during an arrest is to remain calm. Do not argue, raise your voice, or make sudden movements. Listen to the officer’s commands and comply with them physically. If they tell you to put your hands behind your back, do it without resistance. Trying to run away or physically struggling will almost certainly result in a resisting arrest charge on top of whatever else you are being arrested for. Your safety and your legal standing depend on not escalating the confrontation. You will have a chance to tell your side of the story later, in a safe environment with legal counsel present.

Assert Your Rights Politely

Complying physically does not mean you give up your rights. You have the right to remain silent and the right to an attorney. You should assert these rights clearly and politely. A simple statement like, “Officer, I am going to remain silent, and I would like a lawyer,” is all you need to say. After you’ve said this, stop talking. Do not answer questions, try to make small talk, or explain anything. Anything you say can be used against you, but your polite assertion of your constitutional rights cannot. It’s a crucial step in protecting yourself from the moment of arrest.

What Happens After a Resisting Arrest Charge?

Being arrested for any crime, including resisting arrest, sets a formal legal process in motion. It starts the moment you are taken into custody and can feel overwhelming, especially if it’s your first time dealing with the justice system. The first few hours are critical, as they involve being booked into jail and having bail set. This is the stage where you have the first opportunity to secure your release and begin preparing your defense from home instead of from a jail cell. Understanding these initial steps can help reduce some of the anxiety and empower you to take the right actions for yourself or a loved one.

The Arrest and Booking Process

After an arrest, you will be transported to a local police station or county jail for booking. This is an administrative process where an officer will record your personal information, take your fingerprints and photograph (mugshot), and confiscate your personal belongings for safekeeping. You will also be checked for any outstanding warrants. Once booking is complete, you will typically be held in a jail cell. Shortly after, a judge will set a bail amount for your release, which is determined based on the severity of the alleged crime and the county’s bail schedule.

Securing a Bail Bond to Get Out of Jail

Once bail is set, you have a few options for release. You can pay the full bail amount in cash, but this is often financially impossible for most people. A more accessible option is to work with a bail bond agent. By paying a non-refundable fee, typically a percentage of the total bail amount, a bail bond company posts the full bail amount on your behalf, securing your release from jail. This allows you to return home to your family and job while you await your court dates, which is crucial for preparing an effective legal defense.

How Jose Espinoza Bail Bonds Can Help

Facing jail time is stressful for the person arrested and their entire family. At Jose Espinoza Bail Bonds, we understand the urgency and anxiety you’re feeling. We have been helping families across California since 1999, providing fast, compassionate, and affordable bail bond services 24 hours a day, 7 days a week. Our experienced agents can guide you through the process, answer your questions, and arrange for a quick jail release. We offer flexible payment plans to ease the financial burden and have offices in numerous locations to serve you wherever you are. Our goal is to provide genuine care and support from the moment you call us until the case is resolved.

Common Legal Defenses Against a Resisting Arrest Charge

Just because you’ve been charged with resisting arrest doesn’t mean you’ll be convicted. The prosecution has to prove every element of the crime beyond a reasonable doubt, and there are several powerful legal defenses that a skilled attorney can use to challenge the charges against you. These defenses often focus on the context of the arrest, the officer’s actions, and your state of mind at the time of the incident. A successful defense can lead to the charges being reduced or even dismissed entirely, so it’s important to explore all possible avenues with a legal professional.

The Arrest Was Unlawful

One of the strongest defenses is that the arrest itself was unlawful. A police officer must have probable cause to make an arrest. If the initial stop, detention, or arrest was illegal, you cannot be found guilty of resisting it. For example, if an officer arrested you without a valid reason, your subsequent non-violent resistance may be legally justified. An attorney can examine the police report and circumstances of your arrest to determine if your constitutional rights were violated at any point during the encounter.

Self-Defense Against Excessive Force

While you are not allowed to resist a lawful arrest, you do have the right to defend yourself against an officer’s use of excessive or unreasonable force. If an officer uses more force than is necessary to take you into custody, you are permitted to use a reasonable amount of force to protect yourself from harm. This is a very nuanced defense that depends heavily on the specific facts of the case. It requires proving that the officer’s actions were unlawful and that your response was a reasonable act of self-preservation, not an attempt to escape custody.

There Was No Intent to Resist

To be convicted of resisting arrest, the prosecution must prove that you *willfully* obstructed the officer. This means you must have acted on purpose. If your actions were accidental or an involuntary reaction, it could be a valid defense. For instance, if you tensed up or pulled your arm away reflexively out of pain or fear while being handcuffed, your attorney could argue that you did not have the specific intent to resist. Proving a lack of willful intent can be challenging, but it can be a powerful way to counter the prosecution’s claims.

The Officer Was Not Properly Identified

You can only be convicted of resisting arrest if you knew, or reasonably should have known, that the person you were dealing with was a law enforcement officer performing their duties. This defense often comes into play in situations involving plainclothes officers. If an officer in civilian clothes attempts to arrest you without properly identifying themselves, you may not have realized they were law enforcement. In such a case, you cannot be found guilty of willfully resisting an officer if you genuinely believed you were being unlawfully detained or attacked by a civilian.

Understanding the Legal Nuances

The charge of “resisting arrest” can seem straightforward, but the law surrounding it is filled with specific details and variations. The exact definition of the crime, what an officer is protected by, and even what the charge is called can differ depending on where you are. These nuances are important because they can affect legal strategy and the outcome of a case. Having a basic grasp of this context helps you understand the broader legal landscape and why specific local knowledge is so valuable when building a defense against these charges.

How State Laws Vary

While the general concept of resisting arrest is a crime everywhere in the United States, the specific laws are written and enforced at the state level. As the Legal Information Institute explains, this means that the exact actions that constitute resisting, the penalties involved, and the available legal defenses can vary significantly from one state to another. What might be considered felony resisting in one state could be a misdemeanor in another. This is why it’s so critical to work with legal professionals who are deeply familiar with the laws in your specific jurisdiction, as they will understand the local statutes and legal precedents that apply to your case.

Other Names for a Resisting Arrest Charge

The phrase “resisting arrest” is a common term, but it’s not always the official legal name for the charge. In California, for example, the misdemeanor charge under PC § 148(a)(1) is officially titled “Resisting, Delaying, or Obstructing a Peace Officer.” This broader language reflects that the law covers more than just struggling during an arrest. It can include any action that intentionally hinders an officer in their duties. You might also hear related terms like “obstruction of justice” or “interfering with an officer.” Understanding these different labels can help you make sense of the charges you or a loved one may be facing.

Beyond Fines and Jail Time: Long-Term Consequences

The immediate penalties for a resisting arrest conviction, like fines and jail time, are serious enough. However, the consequences often extend far beyond the courtroom and can follow you for years. A conviction creates a permanent criminal record that can act as a significant barrier in many aspects of your life. These long-term effects are often overlooked in the initial stress of an arrest, but they can have a profound and lasting impact on your future opportunities and overall quality of life. It’s another reason why fighting the charge is so important.

Impact on Your Criminal Record

A conviction for resisting arrest, whether a misdemeanor or a felony, will appear on your permanent criminal record. This record is accessible to potential employers, landlords, and licensing agencies through routine background checks. A felony conviction is particularly damaging, as it can result in the loss of certain civil rights, such as the right to own a firearm or vote (while incarcerated or on parole). Even a misdemeanor can be a red flag that closes doors, making it a persistent shadow that follows you long after you’ve completed your sentence.

Difficulties with Future Employment and Housing

A criminal record can make it incredibly difficult to secure stable employment and housing. Many employers are hesitant to hire individuals with a criminal history, especially for positions that require trust or a professional license. A conviction for resisting arrest might suggest to a potential employer that you have issues with authority. Similarly, landlords often run background checks and may deny rental applications based on a criminal record, making it challenging to find a safe place to live. These collateral consequences can limit your ability to provide for yourself and your family.

How a Defense Attorney Can Help Your Case

Facing a resisting arrest charge can be an intimidating experience, but you don’t have to go through it alone. Hiring an experienced criminal defense attorney is the most critical step you can take to protect your rights and your future. A good lawyer does more than just represent you in court; they act as your advocate, strategist, and guide through the complexities of the legal system. They will thoroughly investigate every detail of your case, from the initial police encounter to the collection of evidence, to identify weaknesses in the prosecution’s argument and build the strongest possible defense on your behalf.

An attorney can negotiate with the prosecutor to potentially have the charges reduced or even dismissed before a trial ever begins. If your case does go to trial, they will challenge the evidence, cross-examine witnesses, and present your defense in the most compelling way. They understand the legal nuances, procedural rules, and potential defenses that you may not be aware of. By investing in professional legal representation, you are giving yourself the best possible chance to achieve a favorable outcome and minimize the long-term impact of a resisting arrest charge on your life.

Frequently Asked Questions

Can I be charged with resisting arrest even if I wasn’t violent? Yes, absolutely. This is a common point of confusion. In California, the most frequent resisting arrest charge is a misdemeanor that covers willfully resisting, delaying, or obstructing an officer. This can include actions like running away, providing a false name, or even going limp to make it harder for an officer to move you. No violence is required for this charge to be filed.

Is resisting arrest always a serious felony charge? No, it isn’t. The charge’s severity depends entirely on the specific actions involved. If the resistance involves threats or actual violence against an officer, it can be charged as a felony. However, if it involves non-violent obstruction or delay, it’s typically charged as a misdemeanor. The more serious charge is what’s known as a “wobbler,” meaning a prosecutor can decide to charge it as either a felony or a misdemeanor based on the case details.

What if the officer was using excessive force? Do I still have to comply? This is a very complex situation. While you cannot legally resist a lawful arrest, you do have the right to defend yourself against unreasonable or excessive force. The key is that your response must be a reasonable act of self-preservation, not an attempt to get away. Proving this in court is challenging and requires a skilled legal defense, so the safest immediate course of action is always to comply physically while verbally stating your rights.

I was just trying to explain my side of the story. Can that be considered resisting? Unfortunately, yes. While it may seem harmless, arguing with, yelling at, or refusing to follow an officer’s commands while you try to explain yourself can be interpreted as delaying or obstructing them from performing their duties. The best time to tell your side of the story is later, with an attorney present. During the arrest itself, your safest bet is to stay calm, comply with instructions, and clearly state that you are exercising your right to remain silent.

My loved one was just arrested for resisting. What is the first thing I should do? First, take a deep breath. The most immediate goal is to get them out of jail so they can work on their defense from home. The first step is to contact a reliable bail bond agency. An experienced agent can explain the process, post the bond on your behalf, and secure a quick release. This allows your loved one to return to their job and family while awaiting their court dates, which is a much better position to be in when preparing a legal defense.

Key Takeaways

• Understand What “Resisting” Really Means: A resisting arrest charge in California can range from non-violent obstruction (a misdemeanor) to using threats or force (a potential felony). Knowing the difference is crucial because the penalties vary dramatically.
• Stay Calm and State Your Rights: During an arrest, avoid escalating the situation by complying with physical commands. Protect yourself legally by clearly and politely stating your right to remain silent and your request for an attorney.
• Prioritize Release and Legal Counsel: An arrest is not a conviction. The first step after booking is to secure a bail bond for release, which allows you to return home and work with a defense attorney to challenge the charges effectively.

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