What Is Resisting Or Obstructing An Officer?

To “resist” means to oppose the officer by force or threat of force. To “obstruct” means that the conduct of the accused prevents or makes more difficult the performance of the officer’s duties. An obstructing charge can result from an accused giving any information to an officer that is deemed to be false information.

What is considered obstructing an officer?

The crime of Obstructing a Law Enforcement Officer is defined under state law as when a person ” willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.” It is a statute that is often misused by a police officer to punish a person for being

What does resisting an officer mean?

Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested.

What does it mean to be charged with obstruction?

The key to an Obstruction charge is that a person’s conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A person’s actions must violate the law to fall within the definition of Obstruction. Refusing to identify oneself to a police officer is not Obstruction.

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What is the sentence for obstructing police?

Penalties for resisting arrest and obstructing a police officer. Resisting arrest and obstructing a police are both misdemeanors under California law, punishable by: Up to a year in county jail. Up to $1,000 in fines.

What is resisting officer without violence?

Resisting an officer without violence requires that a defendant resist, obstruct of oppose a law enforcement officer in the lawful execution of his duties and that the defendant knew the victim was a law enforcement officer. The offense is a first degree misdemeanor punishable up to a year in jail.

What does 148 mean in police code?

Resisting Arrest under California Penal Code Section 148(a) PC is a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer or emergency medical technician from performing his or her lawful duties.

How do you beat an obstruction charge?

To beat an obstruction of justice charge, you need to present a defence in your support with legitimate evidence and purpose. The best way to do that is to hire a criminal defence attorney.

What does it mean obstructing?

1: to block or close up by an obstacle A piece of food obstructed his airway. The road was obstructed by a fallen tree. 2: to hinder from passage, action, or operation: impede Constant interruptions obstruct our progress.

What is the law of obstruction?

: the crime or act of willfully interfering with the process of justice and law especially by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process the defendant’s

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Can you resist being detained?

Resisting arrest is a misdemeanor, punishable under California Penal Code 148(a)(1) PC. As a standalone crime with its own distinct penalties, you can be charged and convicted for resisting arrest even if you are not found guilty of the crime the officer was attempting to arrest you for.

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