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Resisting Arrest Charge in San Diego
What is P.C. 69?
The intentional use of threat or violence or actual use of force to delay, obstruct or resist an executive officer.
Who is an executive officer?
An executive officer is any public employee responsible for enforcing the law. It is important to note that P.C. 69 is not limited to peace officers but may include attorneys, prosecutors, and judges as well.
What constitutes a threat?
A threat for purposes of resisting arrest does not have to be imminent, it only need to be implied by a combination of written or oral statements or the person’s conduct.
What constitutes force?
Force for purposes of resisting arrest is the unlawful application of physical force against the executive officer or something attached to the officer’s person.
What must the prosecution prove to convict a person of resisting arrest charge?
The prosecution must prove that the person intentionally and unlawfully resisted a lawful arrest or obstructed an executive officer from performing a lawful duty by using threats, force or violence.
How is P.C. 69 charged?
The offense of resisting an executive officer is a wobbler in the state of California, which means that the prosecution may choose to prosecute it as a misdemeanor or a felony.
What are the punishments for a felony P.C. 69 conviction?
A person convicted of a felony P.C. 69 may face a maximum fine of $10,000 and either sixteen months, two or three years in state prison.
What are the punishments for a misdemeanor P.C. 69 conviction?
Resisting Arrest Charge in San Diego
A person convicted of a misdemeanor P.C. 69 may face a maximum fine of $10,000 and up to one year in county jail.
What defenses are available to P.C 69 charges?
A person charged with resisting an executive officer may argue self-defense if the defense can prove that the executive officer used excessive force and the person’s use of force was reasonable under the circumstances of the arrest.
Another possible defense that exists is that the executive officer’s conduct was unlawful. If the defense can prove that the executive officer was engaged in unlawful conduct then the executive officer is no longer protected under P.C. 69 and the person attempting to prevent such conduct or resist the executive officer would not be charged.
If you have any questions about a resisting arrest charge in San Diego contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense
