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Resisting Arrest Charges in Los Angeles

What is resisting arrest?

Resisting arrest is a serious charge. In addition to resisting arrest, California Penal Code Section 148 also includes delaying or obstructing a peace office or emergency medical technician in the discharge or attempt to discharge his or her duties. You may also be charged under this statute when taking a gun from a police officer. In addition to resisting arrest, you may be charged with the related offense of battery on a police officer. Battery is defined as any actual, intentional and unlawful touching or striking of another person against their will.

Even simply touching a police officer while he or she is doing his job could constitute a battery. Depending on the severity of the offense, you may be charged with a misdemeanor, which carries a sentence of up to 1 year in the county jail, and/or a fine of $1000, or a felony battery, in which the sentence is 16 months to 3 years in the state prison. Whether you will be charged with a misdemeanor or a felony is up to the discretion of the prosecutor. He will review what happened and take into account your conduct, and if the police officer was injured. A Los Angeles criminal defense attorney has experience meeting with prosecutors. He will investigate exactly what took place, and present your case and your background in the best possible light to try to get the charges reduced or, hopefully dismissed.

Defenses for Resisting Arrest

A proficient attorney knows there are a number of possible defenses to use in your case: Were you acting in self-defense? Did the police officer use excessive force? Did the officer make up a story or embellish details to get you arrested? He can request to see the officer's personnel records to determine if the officer has a history of filing false complaints or other misconduct, and can use this information on your behalf. An attorney from Tyler & Wilson, LLP will use the best defense possible to help gain a successful outcome for your case.

If you have been charged with resisting arrest, contact a Los Angeles criminal defense attorney today for a free case evaluation.

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