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Resisting Arrest Attorney in Long Beach

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When you’re facing resisting arrest charges in Long Beach, California, you’re confronting serious criminal allegations that can result in jail time, substantial fines, a permanent criminal record, and long-lasting consequences that affect your employment, professional licenses, housing opportunities, and personal reputation. Resisting arrest charges are aggressively prosecuted in Los Angeles County, and law enforcement officers’ testimony is often given significant weight in court. However, you have constitutional rights, and with experienced legal representation, you can challenge these charges and fight for your freedom.

At Tu Defensor Criminalista, we specialize in defending clients throughout Long Beach and Los Angeles County who are facing resisting arrest charges under California Penal Code Section 148(a)(1) and related offenses. Our experienced criminal defense team understands the complexities of these cases, knows how to challenge law enforcement testimony, and has a proven track record of successfully defending clients against resisting arrest allegations. We fight tirelessly to protect your rights, challenge the prosecution’s evidence, and pursue the best possible outcome for your case.

If you or a loved one has been arrested for resisting arrest in Long Beach or anywhere in Los Angeles County, time is critical. Contact Tu Defensor Criminalista immediately by visiting our website at / to schedule a confidential consultation with an experienced resisting arrest defense attorney who will fight aggressively for your rights and your future.

Understanding Resisting Arrest Charges in Long Beach

Resisting arrest charges in California encompass several different offenses, each with distinct elements and potential penalties. Understanding exactly what you’re charged with is the first step in building an effective defense strategy.

California Penal Code Section 148(a)(1): Resisting, Delaying, or Obstructing a Peace Officer

The most common resisting arrest charge in Long Beach is a violation of California Penal Code Section 148(a)(1), which makes it a crime to willfully resist, delay, or obstruct any peace officer, emergency medical technician, or other public officer in the discharge or attempt to discharge any duty of their office or employment.

To convict you under Penal Code Section 148(a)(1), the prosecution must prove beyond a reasonable doubt that:

  1. You willfully resisted, delayed, or obstructed a peace officer or public officer
  2. The officer was lawfully performing or attempting to perform their duties
  3. You knew or reasonably should have known that the person was a peace officer performing their duties

This charge is a misdemeanor carrying up to one year in county jail, fines up to $1,000, and probation. However, the collateral consequences—including a permanent criminal record—can be even more damaging than the direct criminal penalties.

California Penal Code Section 69: Resisting an Executive Officer

A more serious charge is violation of California Penal Code Section 69, which prohibits attempting by threats or violence to deter or prevent an executive officer from performing any duty of their office, or knowingly resisting by force or violence an executive officer in the performance of their duty.

Penal Code Section 69 is a “wobbler” offense that can be charged as either a misdemeanor or a felony. When charged as a felony, it carries:

  • 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000
  • Formal felony probation
  • Permanent felony conviction affecting gun rights, professional licenses, and civil liberties

When charged as a misdemeanor, it carries up to one year in county jail and fines up to $1,000.

California Penal Code Section 243(b) and 243(c): Battery on a Peace Officer

When resisting arrest involves physical contact with an officer, you may be charged with battery on a peace officer under California Penal Code Sections 243(b) (battery without injury) or 243(c)(2) (battery causing injury).

Battery on a peace officer without injury (Section 243(b)) is a misdemeanor carrying up to one year in county jail and fines up to $2,000.

Battery on a peace officer causing injury (Section 243(c)(2)) is more serious, carrying:

  • Up to one year in county jail (misdemeanor)
  • 16 months, 2 years, or 3 years in state prison if charged as a felony
  • Fines up to $10,000
  • Mandatory restitution to the injured officer

The Distinction Between Lawful and Unlawful Arrests

A critical element in every resisting arrest case is whether the officer was lawfully performing their duties. Under California law, you have no obligation to submit to an unlawful arrest, and you may have the right to use reasonable force to resist an unlawful detention or arrest.

However, determining whether an arrest was lawful is a complex legal question that requires careful analysis of Fourth Amendment law, California case law, and the specific facts of your case. This is where experienced legal representation from Tu Defensor Criminalista becomes essential.

Resisting Arrest Statistics in Long Beach and Los Angeles County

Understanding the local context of resisting arrest charges in Long Beach provides important perspective on how seriously these charges are prosecuted and the enforcement priorities of local law enforcement.

Long Beach Law Enforcement Context

Long Beach is served by the Long Beach Police Department[1], which is one of the largest municipal police departments in California with over 800 sworn officers serving a population of approximately 466,742 residents according to the U.S. Census Bureau[2]. The department responds to hundreds of thousands of calls for service annually and makes thousands of arrests each year.

According to the Long Beach Police Department’s crime statistics dashboard[3], the city sees significant law enforcement activity across diverse neighborhoods including downtown Long Beach, the Port of Long Beach area, North Long Beach, East Long Beach, and residential communities throughout the city.

Los Angeles County Context

Long Beach is located in Los Angeles County, where the Los Angeles County Sheriff’s Department[4] and numerous municipal police departments collectively make hundreds of thousands of arrests annually. According to the California Department of Justice’s OpenJustice portal[5], Los Angeles County accounts for a significant portion of California’s arrests, with law enforcement agencies in the county making approximately 200,000 arrests in recent reporting years.

Resisting arrest charges are commonly filed in conjunction with other offenses. When individuals are arrested for DUI, domestic violence, drug offenses, or other crimes, any perceived resistance—whether actual physical resistance or simply failing to immediately comply with commands—can result in additional resisting arrest charges.

Disproportionate Impact on Communities of Color

National data from the Bureau of Justice Statistics[6] shows that communities of color, particularly Black and Latino communities, experience disproportionate rates of arrest and criminal justice system involvement. Research has documented that resisting arrest charges are often filed more frequently against individuals from these communities, and that perceptions of resistance are influenced by implicit bias.

In Long Beach, a diverse city where approximately 42% of residents identify as Hispanic or Latino and 13% identify as Black or African American according to the U.S. Census Bureau[2], understanding these disparities is important context for resisting arrest cases.

Use of Force Considerations

Resisting arrest charges often arise in situations where law enforcement officers use force. According to data compiled by the California Department of Justice[7], California law enforcement agencies are now required to report use of force incidents, providing greater transparency about when and how force is used during arrests.

The Long Beach Police Department’s Use of Force Policy[1] emphasizes de-escalation, proportional response, and the sanctity of human life. However, use of force incidents do occur, and officers frequently justify their use of force by claiming the arrestee was resisting.

Common Scenarios Leading to Resisting Arrest Charges in Long Beach

Resisting arrest charges in Long Beach arise in diverse circumstances. Understanding common scenarios helps illustrate how easily these charges can be filed—and how they can be defended.

Traffic Stops and DUI Arrests

Many resisting arrest charges originate during traffic stops. When an officer pulls you over for a traffic violation or suspected DUI and attempts to conduct field sobriety tests, search your vehicle, or place you under arrest, any perceived non-compliance can lead to resisting arrest charges.

Common situations include:

  • Refusing to exit your vehicle when ordered
  • Declining to perform field sobriety tests (which you have the right to refuse)
  • Questioning the officer’s authority or the legality of the stop
  • Tensing up or pulling away when being handcuffed
  • Attempting to record the interaction on your phone

It’s important to understand that you have constitutional rights during traffic stops, including the right to refuse field sobriety tests and the right to record police officers performing their public duties. However, officers sometimes interpret the exercise of these rights as obstruction or resistance.

Domestic Violence Calls

Resisting arrest charges frequently arise from domestic violence calls. When Long Beach Police respond to a domestic disturbance, California law often requires them to make an arrest if there’s evidence of physical injury or violation of a restraining order. Tensions are high, emotions are elevated, and individuals may naturally react defensively when officers attempt to make an arrest in their own home.

Common scenarios include:

  • Refusing to open the door to police (which you generally have the right to do absent a warrant or exigent circumstances)
  • Arguing with officers about who was the aggressor
  • Attempting to explain what happened while officers are trying to conduct their investigation
  • Physically resisting being removed from your home and placed in handcuffs
  • Family members intervening to protect the person being arrested

Public Intoxication and Disturbances

Downtown Long Beach, with its entertainment districts including Pine Avenue, the East Village Arts District, and Belmont Shore’s Second Street, sees significant nightlife activity. Police frequently respond to calls about public intoxication, fights, or disturbances outside bars and restaurants.

Individuals who are intoxicated may have impaired judgment and slower reaction times, making it more likely they’ll be perceived as non-compliant or resistant. Additionally, intoxication can lead to confusion about what’s happening, why police are there, and what officers are commanding.

Protests and Public Demonstrations

Long Beach has seen numerous protests, demonstrations, and public gatherings in recent years addressing issues including racial justice, police accountability, immigration, and other social and political concerns. During these events, tensions between protesters and law enforcement can escalate, and mass arrests sometimes occur.

According to the American Civil Liberties Union[8], protesters have constitutional First Amendment rights to assemble peacefully and express their views. However, when police declare an unlawful assembly or issue dispersal orders, failure to immediately comply can result in resisting arrest charges in addition to unlawful assembly charges.

Mental Health Crises

The intersection of mental health and law enforcement contact is increasingly recognized as a critical issue. According to the National Alliance on Mental Illness[9], approximately 1 in 5 adults in the U.S. experiences mental illness, and individuals experiencing mental health crises often come into contact with law enforcement.

Long Beach has implemented crisis intervention training for officers and partners with mental health professionals through programs designed to improve responses to mental health crises. However, individuals experiencing psychiatric emergencies, severe anxiety, PTSD, or other mental health conditions may behave in ways that officers perceive as resistant or threatening, leading to resisting arrest charges.

Language Barriers and Cultural Differences

In diverse Long Beach, where many residents speak languages other than English and come from cultures with different norms regarding interaction with authority figures, language barriers and cultural misunderstandings can contribute to resisting arrest charges.

An individual who doesn’t speak English may not understand officers’ commands, may respond slowly while trying to comprehend what’s being said, or may behave in ways that are misinterpreted. Similarly, cultural differences in body language, eye contact, and responses to authority can be misunderstood by officers as disrespectful or resistant behavior.

Why You Need an Experienced Resisting Arrest Defense Attorney

Resisting arrest cases present unique challenges that require experienced legal representation. Here’s why you need Tu Defensor Criminalista on your side:

Challenging Law Enforcement Testimony

Resisting arrest cases typically come down to conflicting accounts: the officer’s version versus your version. Officers are trained witnesses who testify frequently, and judges and juries often give their testimony significant weight. However, officer testimony is not infallible, and there are many ways to challenge it effectively:

  • Inconsistencies in Reports and Testimony: Officers write incident reports shortly after arrests, then testify weeks or months later. We carefully compare written reports with testimony to identify inconsistencies, contradictions, and statements that don’t make sense.
  • Body-Worn Camera and Video Evidence: The Long Beach Police Department[1] has implemented body-worn cameras for officers. This video evidence can be invaluable in resisting arrest cases—it may show that you weren’t actually resisting, that the officer used excessive force, or that the officer’s characterization of events is inaccurate.
  • Witness Testimony: Independent witnesses who saw what happened can provide crucial testimony that contradicts the officer’s account. We conduct thorough investigations to identify and interview witnesses.
  • Officer’s History: Officers with histories of complaints, use of force incidents, or disciplinary actions may have credibility problems. Through public records requests and discovery, we investigate the arresting officer’s background.

Proving the Arrest Was Unlawful

If the underlying arrest or detention was unlawful, you cannot be convicted of resisting arrest. Under California law, you have the right to resist an unlawful arrest using reasonable force. However, this defense requires proving the arrest was unlawful, which involves complex Fourth Amendment analysis.

We examine whether:

  • The officer had reasonable suspicion to detain you
  • The officer had probable cause to arrest you
  • The stop or search violated your Fourth Amendment rights
  • The officer exceeded the scope of a lawful detention
  • You were subjected to excessive force that you were entitled to resist

Fourth Amendment law is highly technical and constantly evolving through California and U.S. Supreme Court decisions. Our experience with constitutional law enables us to identify unlawful police conduct and build effective defenses.

Establishing Lack of Willfulness

To convict you under Penal Code Section 148(a)(1), the prosecution must prove you “willfully” resisted, delayed, or obstructed the officer. Willfully means you acted on purpose or willingly, not that you intended to break the law, but that you intended to do the act that constituted resistance.

We can challenge willfulness by showing:

  • You didn’t understand what the officer wanted you to do
  • You physically couldn’t comply due to medical conditions, injuries, or disabilities
  • Your actions were reflexive or involuntary, not willful
  • You were confused, disoriented, or experiencing a medical or mental health crisis
  • Language barriers prevented you from understanding commands

Demonstrating You Didn’t Know the Person Was a Police Officer

To be convicted, you must have known or reasonably should have known the person was a peace officer performing their duties. In most cases this element is easily proven because officers wear uniforms and badges. However, there are situations where this element can be challenged:

  • Plain-clothes officers who didn’t adequately identify themselves
  • Undercover operations where officers weren’t clearly identifiable
  • Chaotic situations where you couldn’t see or hear the officers clearly
  • Officers who approached aggressively without first identifying themselves

Protecting Your Rights and Future

Beyond defending against the immediate charges, we focus on protecting your long-term interests:

  • Avoiding a Criminal Record: A conviction creates a permanent criminal record that appears on background checks, affecting employment, housing, professional licenses, and educational opportunities.
  • Immigration Consequences: For non-citizens, even misdemeanor convictions can have serious immigration consequences including deportation, inadmissibility, and denial of naturalization.
  • Professional Licenses: Teachers, nurses, doctors, security guards, and many other licensed professionals must report arrests and convictions to licensing boards, potentially resulting in license suspension or revocation.
  • Future Prosecution: A resisting arrest conviction can be used against you in future cases to argue you have a pattern of non-compliance with law enforcement or to enhance penalties.

Common Defenses to Resisting Arrest Charges

At Tu Defensor Criminalista, we develop comprehensive defense strategies tailored to the specific facts of your case. Common defenses to resisting arrest charges include:

The Arrest or Detention Was Unlawful

This is often the most powerful defense. Under California law, if the arrest or detention was unlawful, you had the right to resist using reasonable, non-deadly force. An arrest may be unlawful if:

  • The officer lacked reasonable suspicion to detain you
  • The officer lacked probable cause to arrest you
  • The officer conducted an illegal search that led to the arrest
  • The officer violated your Fourth Amendment rights
  • The detention exceeded its lawful scope

The U.S. Supreme Court[10] has established detailed standards for lawful stops, detentions, and arrests. We apply these constitutional standards to your case to determine if your rights were violated.

You Didn’t Actually Resist, Delay, or Obstruct

Sometimes officers claim resistance when none actually occurred. We challenge false allegations by:

  • Presenting video evidence showing you complied with commands
  • Introducing witness testimony contradicting the officer’s account
  • Highlighting the absence of physical evidence of resistance (no torn clothing, no injuries to officers, no property damage)
  • Demonstrating that the officer’s description is physically impossible or inconsistent with evidence

Your Actions Were Not Willful

You may have a defense if your actions weren’t willful because:

  • You were having a medical emergency (seizure, diabetic episode, heart attack)
  • You have a disability that prevented you from complying (hearing impairment, mobility limitations, cognitive disabilities)
  • You were experiencing a mental health crisis
  • You were confused or disoriented
  • Language barriers prevented understanding
  • The officer’s commands were unclear, contradictory, or impossible to follow

Self-Defense Against Excessive Force

If an officer used excessive force against you, you had the right to defend yourself using reasonable force. This is a narrow defense that requires showing:

  • The officer used force beyond what was reasonable and necessary
  • You responded with only the force necessary to protect yourself
  • You stopped using force once the threat ended

According to the California Department of Justice’s standards on use of force[7], officers may only use force that is objectively reasonable under the circumstances.

You Didn’t Know the Person Was a Police Officer

If officers weren’t clearly identifiable and didn’t adequately identify themselves, you may not have known you were dealing with law enforcement. This defense applies when:

  • Plain-clothes officers didn’t display badges or identify themselves
  • You reasonably believed you were being attacked by criminals, not arrested by police
  • Officers approached in an unmarked vehicle without lights or sirens
  • The situation was chaotic and you couldn’t see or identify the officers

False Arrest or Malicious Prosecution

In some cases, officers fabricate resisting arrest charges to justify their use of force, to retaliate against individuals who file complaints, or to cover up their own misconduct. We investigate whether:

  • The charges were filed in retaliation for asserting your rights
  • The officer has a history of filing false charges
  • The evidence clearly contradicts the officer’s claims
  • There’s a pattern of similar accusations by this officer

The Officer Wasn’t Engaged in Lawful Duties

Penal Code Section 148(a)(1) requires that the officer be lawfully performing their duties. If the officer was engaged in unlawful conduct, this element isn’t satisfied. Examples include:

  • Officers conducting an illegal search or detention
  • Officers retaliating against you for protected speech
  • Officers making an arrest for an offense that isn’t actually a crime
  • Officers acting outside their jurisdiction or authority

The Legal Process for Resisting Arrest Cases in Long Beach

Understanding what to expect as your case moves through the criminal justice system helps you make informed decisions and reduces anxiety about the unknown.

Arrest and Booking

After being arrested for resisting arrest in Long Beach, you’ll be transported to the Long Beach Police Department jail or a Los Angeles County Sheriff’s facility for booking. During booking, your personal information is recorded, you’re photographed and fingerprinted, your personal property is inventoried, and you may be questioned by officers.

Critical Advice: Exercise your right to remain silent. Do not explain what happened, do not try to convince officers you didn’t resist—anything you say will be used against you. Politely tell officers you’re exercising your right to remain silent and you want to speak with an attorney.

Bail and Release

For most misdemeanor resisting arrest charges, you’ll be released on your own recognizance or on relatively low bail within hours of booking. For felony charges or if you have outstanding warrants, bail may be higher and you may remain in custody longer.

California has reformed its bail system in recent years based on recommendations from organizations including the California Courts[11], moving toward risk-based assessments rather than cash bail for many offenses.

Arraignment

Your arraignment is your first court appearance, typically held in the Long Beach Courthouse (Governor George Deukmejian Courthouse, 275 Magnolia Avenue). During arraignment:

  • You’re formally advised of the charges against you
  • Your constitutional rights are explained
  • You enter a plea (not guilty, guilty, or no contest)
  • Conditions of release are imposed or modified
  • Future court dates are scheduled

What You Should Do: Always plead not guilty at arraignment. This preserves all your legal options and gives your attorney time to investigate, obtain evidence, and negotiate with prosecutors. Having an attorney from Tu Defensor Criminalista at your arraignment ensures your rights are protected from the start.

Pretrial Proceedings

The pretrial phase is where most of the important work happens:

  • Discovery: Your attorney obtains all evidence the prosecution has, including police reports, officer statements, body-worn camera video, witness statements, your booking video and audio, and any physical evidence.
  • Investigation: We conduct our own investigation, interviewing witnesses, obtaining surveillance video from businesses or residences, photographing the scene, obtaining your medical records if relevant, and researching the officer’s background and history.

Motion Practice: We file motions to:

  • Suppress evidence obtained through illegal stops or searches (Penal Code Section 1538.5)
  • Dismiss charges due to insufficient evidence or legal defects (Penal Code Section 995)
  • Obtain additional discovery or evidence
  • Challenge the legality of the arrest or detention
  • Exclude inadmissible evidence

Plea Negotiations: We negotiate with Los Angeles County prosecutors to:

  • Seek dismissal of charges based on weak evidence or legal defects
  • Negotiate for reduced charges (such as infractions or lesser misdemeanors)
  • Arrange for diversion programs or alternative resolutions
  • Minimize penalties if some resolution is appropriate

According to the Los Angeles County District Attorney’s Office[12], prosecutors evaluate cases based on the strength of evidence, the defendant’s criminal history, the circumstances of the offense, and the interests of justice.

Trial

If your case cannot be resolved through pretrial negotiations and you choose not to accept a plea offer, your case proceeds to trial. For misdemeanors, you’re entitled to a jury trial with 12 jurors (though you can waive jury and have a bench trial before a judge). At trial:

  • The prosecution must prove every element of the charge beyond a reasonable doubt
  • Your attorney cross-examines the prosecution’s witnesses, typically including the arresting officer
  • Your attorney may present defense witnesses, including you if you choose to testify (though you have the absolute right not to testify)
  • Your attorney challenges the credibility of the officer and the reliability of the evidence
  • The jury must reach a unanimous verdict

At Tu Defensor Criminalista, we’re experienced trial attorneys who have successfully defended clients at trial in resisting arrest cases throughout Los Angeles County.

Sentencing

If convicted after trial or if you enter a plea, the court imposes a sentence. For misdemeanor resisting arrest under Penal Code Section 148(a)(1), sentences can include:

  • Summary (informal) probation for 1-3 years
  • County jail time (typically ranging from no jail to 6 months, though up to 1 year is possible)
  • Fines up to $1,000 plus penalty assessments (total often $2,000-$4,000)
  • Community service or Caltrans work
  • Anger management classes or counseling
  • Stay-away orders from locations or individuals
  • Search and seizure conditions

We advocate vigorously at sentencing for the most lenient sentence possible, presenting mitigating factors, character references, evidence of rehabilitation, and arguing for alternatives to incarceration.

Consequences of a Resisting Arrest Conviction

Understanding the full range of consequences helps you appreciate why fighting these charges is so important.

Criminal Penalties

  • Jail Time: Up to one year in county jail for misdemeanor convictions under Penal Code Section 148(a)(1), or up to three years in state prison for felony convictions under Penal Code Section 69.
  • Fines and Fees: Base fines of $1,000 to $10,000, plus penalty assessments, court fees, and restitution that can multiply the total cost several times.
  • Probation: Formal or informal probation with conditions including regular check-ins, drug/alcohol testing, search and seizure conditions, and restrictions on travel or associations.

Permanent Criminal Record

A conviction creates a permanent criminal record visible to:

  • Employers conducting background checks
  • Landlords screening rental applicants
  • Professional licensing boards
  • Educational institutions
  • Volunteer organizations
  • Immigration authorities

According to the U.S. Equal Employment Opportunity Commission[13], while federal law provides some protections against employment discrimination based on arrest records, convictions can be used by employers in hiring decisions if relevant to the position.

Employment Consequences

Many employers, particularly government agencies, security companies, schools, healthcare facilities, and employers requiring professional licenses, conduct background checks and may refuse to hire or may terminate employees with criminal convictions.

The U.S. Bureau of Labor Statistics[14] reports that individuals with criminal records face significantly higher unemployment rates than the general population.

Professional License Impact

If you hold a professional license, you may be required to report your arrest and conviction to your licensing board. Possible consequences include:

  • License suspension or revocation
  • Probation with conditions and monitoring
  • Fines and administrative penalties
  • Required additional education or counseling

California licensing boards including the Medical Board, Board of Registered Nursing, State Bar, teaching credential commissions, and contractor licensing boards all have authority to discipline licensees based on criminal convictions.

Immigration Consequences

For non-citizens, criminal convictions can have devastating immigration consequences. According to the U.S. Citizenship and Immigration Services[15], even misdemeanor convictions can affect:

  • Deportability (making you subject to removal proceedings)
  • Inadmissibility (preventing you from returning to the U.S. if you travel abroad)
  • Naturalization (preventing you from becoming a U.S. citizen)
  • Visa status and renewals

Crimes involving moral turpitude, aggravated felonies, and crimes of violence are particularly serious under immigration law. An experienced attorney from Tu Defensor Criminalista will carefully analyze the immigration consequences of any potential plea before advising you to accept it.

Housing Discrimination

Many landlords conduct background checks and have policies against renting to individuals with criminal records. The U.S. Department of Housing and Urban Development[16] provides some guidance on criminal background screening, but landlords retain significant discretion in their rental decisions.

Educational and Financial Aid Impact

Criminal convictions can affect college admissions, financial aid eligibility, scholarships, and participation in certain educational programs. The U.S. Department of Education[17] administers federal financial aid programs that have eligibility restrictions based on criminal convictions for certain offenses.

Your Constitutional Rights During Arrest

Understanding your constitutional rights helps you protect yourself during encounters with law enforcement and provides context for potential defenses.

Fourth Amendment: Protection Against Unreasonable Searches and Seizures

The Fourth Amendment to the U.S. Constitution protects you from unreasonable stops, detentions, searches, and arrests. Law enforcement must have:

  • Reasonable suspicion to briefly detain you (Terry stop)
  • Probable cause to arrest you
  • A warrant, consent, or exigent circumstances to search your home

Any arrest made in violation of the Fourth Amendment is unlawful, and you may have the right to resist it (though doing so is risky and the legality can only be determined later).

Fifth Amendment: Right to Remain Silent

You have an absolute right to remain silent and refuse to answer questions from law enforcement. You cannot be punished for exercising this right, and prosecutors generally cannot comment on your silence at trial.

What to Say: “I’m exercising my right to remain silent. I want to speak with an attorney.”

You must provide your name and identification when lawfully detained or arrested, but you don’t have to answer substantive questions about where you’ve been, what you were doing, whether you’ve been drinking, or anything else.

Sixth Amendment: Right to an Attorney

You have the right to an attorney at all critical stages of the criminal process, beginning when you’re arrested and facing custodial interrogation. If you cannot afford an attorney, the court will appoint one for you.

However, appointed public defenders are often overworked and under-resourced. When facing criminal charges as serious as resisting arrest, having experienced private counsel from Tu Defensor Criminalista provides you with dedicated, personalized representation focused exclusively on your case.

Right to Record Police Officers

In California, you generally have a First Amendment right to record police officers performing their public duties in public places, as long as you don’t interfere with their work. This right has been recognized by the American Civil Liberties Union[8] and courts across the country.

However, officers sometimes view recording as obstruction or resistance and may order you to stop recording or even arrest you for it. If this happens, don’t physically resist, but calmly state that you’re exercising your First Amendment rights. Your attorney can later challenge any charges that resulted from you lawfully recording.

Alternative Resolutions and Diversion Programs

Even when the evidence against you is strong, alternatives to conviction may be available. At Tu Defensor Criminalista, we explore every possible option for resolving your case with the least impact on your future.

Pretrial Diversion

Los Angeles County offers various diversion programs that allow eligible defendants to complete counseling, community service, or other requirements in exchange for dismissal of charges. If you successfully complete diversion, the charges are dismissed and you avoid a conviction.

Eligibility varies by program and depends on factors including the specific charges, your criminal history, and the circumstances of the offense.

Informal Diversion

Prosecutors sometimes offer informal diversion, particularly for first-time offenders, where charges are dismissed if you complete certain requirements such as community service, anger management classes, or staying out of trouble for a specified period.

Plea to Lesser Charges

Even if diversion isn’t available, we may be able to negotiate a plea to a lesser charge such as:

  • Disturbing the peace (Penal Code Section 415)
  • Trespassing (Penal Code Section 602)
  • An infraction rather than a misdemeanor
  • A non-criminal violation

Lesser charges may carry reduced penalties and less serious collateral consequences.

Deferred Entry of Judgment

In some cases, the court may allow you to plead guilty but defer entry of judgment. If you successfully complete probation and all requirements, the plea is withdrawn and the case is dismissed, leaving you with no conviction.

Why Choose Tu Defensor Criminalista for Your Resisting Arrest Defense

When you’re facing resisting arrest charges in Long Beach, you need an attorney who will fight aggressively for your rights and your freedom. Here’s what sets Tu Defensor Criminalista apart:

Experience Defending Resisting Arrest Cases

We have extensive experience defending clients against resisting arrest charges throughout Los Angeles County. We understand the common tactics prosecutors use, how to challenge law enforcement testimony effectively, and what it takes to win these cases.

Thorough Investigation

We don’t simply accept the prosecution’s version of events. We conduct comprehensive independent investigations, obtaining video evidence, interviewing witnesses, photographing scenes, and uncovering facts that support your defense.

Aggressive Advocacy

We challenge every aspect of the prosecution’s case. From the legality of the initial stop to the credibility of the officer’s testimony to the sufficiency of the evidence, we identify weaknesses and exploit them to your advantage.

Personalized Attention

You’re not just a case number. We provide personalized attention to every client, taking time to understand your situation, your concerns, and your goals. We’re accessible when you need us and keep you informed throughout your case.

Bilingual Services

Ofrecemos servicios completamente bilingües en inglés y español. Nuestro equipo entiende las necesidades de la comunidad hispana y está comprometido a proporcionar representación legal de la más alta calidad en el idioma que usted prefiera.

Commitment to the Best Possible Outcome

Our goal is simple: achieve the best possible outcome in your case, whether that’s complete dismissal, acquittal at trial, reduction to lesser charges, or minimal penalties. We’re committed to fighting for your rights and your future.

Local Knowledge

We practice regularly in the Long Beach Courthouse and throughout Los Angeles County. Our familiarity with local judges, prosecutors, and court procedures enables us to develop effective strategies tailored to the Long Beach legal environment.

Frequently Asked Questions

Can I be convicted of resisting arrest if I was never actually arrested?

Yes. California Penal Code Section 148(a)(1) prohibits resisting, delaying, or obstructing an officer “in the discharge or attempt to discharge” their duties. This means you can be convicted even if the officer never completed the arrest, as long as the officer was attempting to perform a lawful duty.

What if I was just trying to explain what happened or assert my rights?

Verbally asserting your rights, asking questions, or trying to explain your side of the story is not resisting arrest. However, officers sometimes perceive verbal challenges to their authority as obstruction. This is where video evidence and witness testimony become important to show you were simply exercising your First Amendment rights.

Can I resist an unlawful arrest?

Under California law, you may have the right to use reasonable, non-deadly force to resist an unlawful arrest. However, this is an extremely risky course of action because:

– You must make a split-second decision about whether the arrest is unlawful
– Officers will likely respond with greater force
– You could face additional serious charges like battery on a peace officer
– Prosecutors will argue the arrest was lawful
– You’ll have to prove in court that the arrest was unlawful

The safer course is to comply with the arrest, even if you believe it’s unlawful, and then challenge it with an attorney afterward.

What if I have a medical condition that prevented me from complying?

Medical conditions including injuries, disabilities, hearing or vision impairment, cardiac issues, breathing problems, diabetes, and many others can make it difficult or impossible to comply with officers’ commands. We present medical evidence showing your condition and explain how it affected your ability to comply.

Can I be convicted if I was drunk or on drugs and didn’t know what I was doing?

Voluntary intoxication is generally not a defense to resisting arrest because the statute requires only that you “willfully” performed the act of resisting, not that you intended to break the law. However, extreme intoxication may be relevant to show you didn’t understand what was happening or couldn’t form the intent to resist.

What if the officer used excessive force against me?

If an officer used excessive force, you may have had the right to defend yourself with reasonable force. Additionally, excessive force may support a defense that any resistance was justified self-defense. We can also file civil rights claims under 42 U.S.C. Section 1983 for violation of your constitutional rights.

How can I get the charges dismissed?

Charges can be dismissed if:

– The arrest or detention was unlawful
– The evidence is insufficient to prove the charges
– Your constitutional rights were violated
– Witnesses or video contradict the officer’s account
– The prosecution agrees to dismissal as part of a diversion program
– We file a successful motion to dismiss

Will a resisting arrest conviction affect my immigration status?

A: It can. Even misdemeanor convictions can have immigration consequences depending on the specific offense and your immigration status. Crimes involving moral turpitude, crimes of violence, and multiple convictions are particularly concerning. We always analyze immigration consequences before advising non-citizen clients about plea offers.

Take Action Now: Contact Tu Defensor Criminalista Today

If you’re facing resisting arrest charges in Long Beach, California, time is critical. Evidence must be preserved, witnesses must be identified and interviewed, and your defense must be built before memories fade and opportunities are lost.

Don’t try to handle these charges on your own. Don’t assume that because the charges seem minor you don’t need an attorney. Don’t accept the prosecution’s first offer without having an experienced attorney evaluate your case and explore all your options.

Contact Tu Defensor Criminalista immediately by visiting our website at / or calling our office to schedule a confidential consultation. We’ll review your case, explain your rights and options, answer all your questions, and begin building your defense right away.

What to Expect When You Contact Us

  • Free Confidential Consultation: We offer a free initial consultation where we’ll listen to your story, review the charges against you, explain the legal process, identify possible defenses, and discuss our approach to your case.
  • Immediate Action: Once you retain us, we immediately begin working on your case—obtaining police reports and video evidence, filing requests to preserve body-worn camera footage, identifying and interviewing witnesses, investigating the arresting officer’s background, and preparing motions and defense strategies.
  • Constant Communication: Throughout your case, you’ll have direct access to your attorney. We return calls promptly, explain developments clearly, and ensure you’re never in the dark about your case.
  • Personalized Strategy: We develop a defense strategy specifically tailored to your unique situation, circumstances, and goals. There’s no one-size-fits-all approach—every case is different and deserves individualized attention.

Your freedom, your future, and your reputation are at stake. Let Tu Defensor Criminalista fight for you. We have the experience, the knowledge, the dedication, and the aggressive advocacy you need to protect your rights and pursue the best possible outcome.

Visit our website today at /and take the first step toward protecting your future.


Citations and Sources

  1. Long Beach Police Department – https://www.longbeach.gov/police/[1]
  2. U.S. Census Bureau – https://www.census.gov/[2]
  3. Long Beach Police Department Crime Statistics Dashboard – https://www.longbeach.gov/police/crime-info/crime-statistics/[3]
  4. Los Angeles County Sheriff’s Department – https://lasd.org/[4]
  5. California Department of Justice OpenJustice Portal – https://openjustice.doj.ca.gov/[5]
  6. Bureau of Justice Statistics – https://bjs.ojp.gov/[6]
  7. California Department of Justice – https://oag.ca.gov/[7]
  8. American Civil Liberties Union (ACLU) – https://www.aclu.org/[8]
  9. National Alliance on Mental Illness (NAMI) – https://www.nami.org/[9]
  10. U.S. Supreme Court – https://www.supremecourt.gov/[10]
  11. California Courts – https://www.courts.ca.gov/[11]
  12. Los Angeles County District Attorney’s Office – https://da.lacounty.gov/[12]
  13. U.S. Equal Employment Opportunity Commission (EEOC) – https://www.eeoc.gov/[13]
  14. U.S. Bureau of Labor Statistics – https://www.bls.gov/[14]
  15. U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/[15]
  16. U.S. Department of Housing and Urban Development (HUD) – https://www.hud.gov/[16]
  17. U.S. Department of Education – https://www.ed.gov/[17]

Contact Tu Defensor Criminalista Today

Call (888) 315-3326 Now

Speak directly with Attorney Armando Josué Cespedes about your Long Beach robbery or theft arrest. Your consultation is completely free and confidential. We’re available 24 hours a day, 7 days a week.

Contact Information

Service areasServing Long Beach and nearby communities
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

Your freedom is worth fighting for. Your future is worth protecting. Let Tu Defensor Criminalista fight for you.

Don’t wait. Don’t risk your future. Contact us today.

Sources

  1. Long Beach Police Department (longbeach.gov)
  2. U.S. Census Bureau (census.gov)
  3. Long Beach Police Department’s crime statistics dashboard (longbeach.gov)
  4. Los Angeles County Sheriff’s Department (lasd.org)
  5. California Department of Justice’s OpenJustice portal (openjustice.doj.ca.gov)
  6. Bureau of Justice Statistics (bjs.ojp.gov)
  7. California Department of Justice (oag.ca.gov)
  8. American Civil Liberties Union (aclu.org)
  9. National Alliance on Mental Illness (nami.org)
  10. U.S. Supreme Court (supremecourt.gov)
  11. California Courts (courts.ca.gov)
  12. Los Angeles County District Attorney’s Office (da.lacounty.gov)
  13. U.S. Equal Employment Opportunity Commission (eeoc.gov)
  14. U.S. Bureau of Labor Statistics (bls.gov)
  15. U.S. Citizenship and Immigration Services (uscis.gov)
  16. U.S. Department of Housing and Urban Development (hud.gov)
  17. U.S. Department of Education (ed.gov)

Client Trust & Avvo Recognition

Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
Nathan
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Raul
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
Shereen

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