Resisting Arrest in California

Resisting Arrest in California

Resisting arrest is usually an additional charge individuals discover they have to deal with after they’ve been arrested. 

What is Resisting Arrest?

The easiest way to think of resisting arrest is to consider it a catchall phrase/charge police use to describe basically any situation where a suspect fails to quietly submit to being arrested. Individuals who have also taken steps to make it difficult for the police to conduct a proper investigation have also found themselves charged with resisting arrest. 

The problem with resisting arrest charges is that they can sometimes be subjective and based on little more than the arresting officer’s attitude on a given day. Protesting when handcuffs are put on, balking when being loaded into the police car, and running when the police indicate they’re about to arrest you are examples of resisting arrest. The problem is that some people have been charged with resisting arrest because an officer felt they took too long to respond to a question or weren’t snappy when told to do something simple, such as presenting their hands to be cuffed.

Reasons officers have filed resisting arrest charges in California include:

• The individual provided false identification to the officer
• The individual deliberately prevented the officer from questioning a witness
• The individual knowingly interfered while the police were conducting surveillance
• The individual got in the way while the officer was arresting another person

 
The good news is that actually being convicted of a resisting arrest charge requires that a few things happen.

If the charge goes to court, the burden of proof lies with the prosecutor and arresting officer. To secure a guilty conviction, they have to:

Prove that you understood you were being arrested and that you were confident that the person doing the arresting was a police officer
That your acts of resistance were intentional and not triggered by confusion, miscommunication, fear, or intimidation
Show that the officer followed strict protocol during the arrest and didn’t do anything that encouraged you to resist

 

What Happens if You’re Convicted of Resisting Arrest?

Resisting arrest in California is considered a misdemeanor. If you’re found or plead guilty, the maximum sentence includes spending a full year in a county jail and being required to pay a $1,00 fine. When the judge gets ready to sentence you, they’ll look at things like the circumstances that led up to the resisting arrest charge, your criminal history, and even the arresting officer’s history. In many cases, the judge will ultimately opt to simply sentence you to misdemeanor probation and require that you pay some sort of fine.

Defending Yourself From a Resisting Arrest Charge

If you’re defending yourself from a resisting arrest charge in California, the first thing you need to do is align yourself with a good lawyer who will help you present a case. Possible defenses in a resisting arrest case include:

You were falsely accused
You didn’t understand what the police officer expected

 
Since witness statements are so important when it comes to defending against resisting arrest in California charges, you’ll want to address the issue while everyone still has a clear memory of the events.

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Resisting Arrest and Paying Bail

Resisting Arrest and Paying Bail

Anyone who has ever watched a police procedural show knows that television cops automatically assume that if someone resists arrest it means that they are guilty. More often than not, it seems like the suspect’s decision to resist arrest is what it takes to get the television cop to really investigate the suspect.

Reality is a little different. In the real world, resisting arrest is a natural instinct, none of us want to go to jail. It doesn’t matter what the cops are saying, we automatically assume that if they’re taking us to jail, we’re going to be there for a really long time and we will be found guilty of some crime that we might not have done.

As natural as resisting arrest feels, it’s in your best interest to quell the urge. More often than not, resisting arrest simply leads to even more legal problems. It’s always best to go quietly and submissively with the police.

What Is Resisting Arrest

Digging in your heels and balking when the cops attempt to load you into the back of the police car isn’t considered resisting arrest. Running and trying to hide is. If you try to do either of those things, the police will file resisting arrest charges against you. If all you did was run or try to hide, you’ll only be charged with misdemeanor resisting arrest. If you respond with either verbal or physical violence, you’ll be charged with a felony count of resisting arrest.

Stay Calm During Your Arrest

From the moment the police knock on your door until the moment you’re released on bail, it’s in your best interest to stay calm, cool, and collected. Contact your lawyer so they can start to untangle the mess. As they work to sort out your legal issues, including the resisting arrest charges, you need to focus your attention on getting yourself bailed out of jail. It shouldn’t take long before you learn how much bail you owe. If you don’t know anyone who can cover the amount, your best course of action is contacting Cal Bail Bonds in Los Angeles.

Take Care of Bail

We’re a family owned bail bonds company that has been serving California for several years. We are everyone’s first choice when they need help covering their bail. We treat each of our clients with respect and dignity.

During your free consultation, be sure to inquire about our:

Flexible payment plans
• Zero down bail bond
• 20% discounts for some applicants
• Simple contracts
• Lack of hidden fees
• Over the phone bail approval
• Fast service
• Zero-interest bail bond

 
Once you’ve signed a bail bond contract with Cal Bail Bonds in Los Angeles, we quickly go to work to secure your release from jail.

The sooner you reach out to us, the sooner we can reunite you with your loved ones. Call Cal Bail Bonds in Los Angeles at 877-793-2254 or click the Chat With Us.

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