Resisting arrest: Difference between revisions
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“The statute sets forth two separate ways in which an offense can be committed. The first is attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law; the second is resisting by force or violence an officer in the performance of his or her duty.” (''In re Manuel G.'' (1997) 16 Cal.4th 805, 814.) | “The statute sets forth two separate ways in which an offense can be committed. The first is attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law; the second is resisting by force or violence an officer in the performance of his or her duty.” (''In re Manuel G.'' (1997) 16 Cal.4th 805, 814.) | ||
PC69 does not require proof that the defendant used force against or on the executive officer. (''People v. Bernal'' (2013) 222 Cal.App.4th 512, 514.) | (''People v. Rasmussen'' (2010) 189 Cal.App.4th 1411.) | ||
PC69 does not require proof that the defendant used force against or on the executive officer. (''People v. Bernal'' (2013) 222 Cal.App.4th 512, 514.) "Other than forceful resistance, the terms of the statute do not require that a defendant use any other manner of force or violence on the person of the executive officer." (''People v. Bernal'' (2013) 222 Cal.App.4th 512, 518.) | |||
"[Force used by a defendant in resisting an officer's attempt to restrain and arrest the defendant is sufficient to support a conviction." (''People v. Bernal'' (2013) 222 Cal.App.4th 512, 519.) | |||
==PC654== | |||
(''People v. Martin'' (2005) 133 Cal.App.4th 776.) | |||
==Lesser included offense== | |||
(''People v. Smith'' (2013) 57 Cal.4th 232.) | |||
==Failure to identify== | ==Failure to identify== | ||
Latest revision as of 02:02, 17 October 2022
Resisting arrest
PC69
Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
“The statute sets forth two separate ways in which an offense can be committed. The first is attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law; the second is resisting by force or violence an officer in the performance of his or her duty.” (In re Manuel G. (1997) 16 Cal.4th 805, 814.)
(People v. Rasmussen (2010) 189 Cal.App.4th 1411.)
PC69 does not require proof that the defendant used force against or on the executive officer. (People v. Bernal (2013) 222 Cal.App.4th 512, 514.) "Other than forceful resistance, the terms of the statute do not require that a defendant use any other manner of force or violence on the person of the executive officer." (People v. Bernal (2013) 222 Cal.App.4th 512, 518.)
"[Force used by a defendant in resisting an officer's attempt to restrain and arrest the defendant is sufficient to support a conviction." (People v. Bernal (2013) 222 Cal.App.4th 512, 519.)
PC654
(People v. Martin (2005) 133 Cal.App.4th 776.)
Lesser included offense
(People v. Smith (2013) 57 Cal.4th 232.)
Failure to identify
Failure to identify one's self, either by not showing an identification card or by not verbally stating name and address, is not necessarily a PC148. (In re Chase C. (2015) 243 Cal.App.4th 107; People v. Quiroga (1993) 16 Cal.App.4th 961; In re Gregory S. (1980) 112 Cal. App.3d 764.) However, failure to identify one's self when being booked at jail is a PC148.
Failure to identify when an officer is writing a citation is a PC148. (People v. Knoedler (2019) 44 Cal.App.5th Supp. 1.)
Gang affiliation
People v. Elizalde (2015) 61 Cal.4th 423, 535.