Being charged with resisting arrest in Palmdale can have serious consequences for your freedom, criminal record, and future opportunities. California Penal Code Section 148 PC makes it a crime to willfully resist, delay, or obstruct any peace officer or emergency medical technician in the performance or attempted performance of their duties. Despite its name, “resisting arrest” covers a much broader range of conduct than just physically struggling with police during an arrest, and many people are surprised to find themselves facing these charges for behavior they didn’t realize was criminal.
If you’ve been arrested for resisting arrest, delaying a police officer, or obstructing law enforcement in Palmdale, Lancaster, or anywhere in Los Angeles County, you need an experienced criminal defense attorney who understands both the legal complexities and the local court system. At Tu Defensor Criminalista, we provide aggressive, strategic defense for individuals charged with PC 148 violations throughout the Antelope Valley. We know that encounters with police can escalate quickly, that officers sometimes make false accusations, and that good people can find themselves facing criminal charges for simply trying to exercise their rights.
Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español
California Penal Code Section 148(a)(1) defines the crime of resisting arrest and states: “Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, in the discharge, or attempt to discharge, any duty of his or her office or employment, is guilty of a misdemeanor.”
This statute is intentionally broad, covering far more than just the stereotypical image of someone physically fighting with officers during an arrest. In fact, you can be charged with violating PC 148 even if you’re never actually arrested for another crime. The law applies whenever you allegedly interfere with an officer performing any lawful duty, which can include conducting investigations, executing search warrants, interviewing witnesses, directing traffic, or responding to emergency calls.
To convict you of resisting arrest under PC 148, the prosecution must prove beyond a reasonable doubt all of the following elements:
Each of these elements provides potential defense opportunities, which we’ll explore in detail below.
PC 148 applies to a wide range of law enforcement and emergency personnel, including:
Notably, campus security officers at colleges are not covered under PC 148, though resisting them could subject you to other charges such as assault or battery.
The terms “resisting,” “delaying,” and “obstructing” encompass a broad range of conduct:
Physical Resistance:
Verbal Obstruction:
Other Obstructive Actions:
Importantly, you cannot be convicted of PC 148 for merely refusing to answer questions or for exercising your Fifth Amendment right to remain silent. Similarly, under PC 148(g), simply photographing or video recording a police officer in a public place does not, by itself, constitute resisting arrest.
Palmdale, with a population of approximately 162,536 residents, is located in northern Los Angeles County and is patrolled by the Los Angeles County Sheriff’s Department[1], with the Palmdale Station located at 750 East Avenue Q. The city has seen increased public safety initiatives in recent years, with crimes against persons in Palmdale decreasing by 16.28% in January 2025[2] compared to January 2024.
According to the California Attorney General’s Office[3], approximately 3,621 “sole resisting arrest stops” occurred statewide in 2022 (representing 0.08% of all stops). The largest portion of these stops were initiated for reasonable suspicion of criminal activity (64.3%), followed by traffic violations (25.7%). The data reveals that resisting arrest charges are often filed in connection with relatively minor underlying incidents, including pedestrian violations, bicycle violations, and equipment violations.
When officers in Palmdale arrest someone for resisting arrest, the case is typically filed with the Los Angeles County District Attorney’s Office and prosecuted in the Antelope Valley Courthouse located at 42011 4th Street West in Lancaster. The Los Angeles County DA’s office has specific guidelines for prosecuting PC 148 cases, generally declining to file charges unless you’re a repeat offender within the last 24 months or the circumstances are particularly egregious.
Resisting arrest under PC 148(a)(1) is charged as a misdemeanor in California, carrying the following potential penalties:
While PC 148(a) is always a misdemeanor, certain related offenses carry enhanced penalties:
PC 148(b), (c), or (d) – Taking or Attempting to Take an Officer’s Weapon: If you remove or attempt to remove a firearm or other weapon from an officer during a violation of PC 148, the offense becomes a “wobbler”:
PC 69 – Resisting an Executive Officer: Using force or threats to prevent an executive officer from performing duties:
PC 243(b), (c) – Battery on a Peace Officer: If your resistance includes physical contact with an officer:
Beyond direct criminal penalties, a resisting arrest conviction can impact your life significantly:
Understanding how PC 148 charges typically arise can help you recognize when you might be at risk:
Traffic Stops: Along Palmdale Boulevard, Rancho Vista Boulevard, Avenue S, and Sierra Highway, charges often stem from refusing to exit the vehicle, pulling away during pat-downs, running from the scene, providing false identification, or arguing excessively.
DUI Arrests: Common in DUI cases including fleeing after failing field sobriety tests, refusing chemical testing, going limp, struggling during handcuffing, or becoming verbally combative.
Domestic Violence Calls: Charges arise from refusing officers entry, preventing arrest of a partner, warning others to flee, hiding suspects, or providing false statements about the incident.
Public Intoxication: Includes refusing to leave an area when ordered, becoming combative during detention, interfering with witness interviews, or creating disturbances during investigations.
Warrant Arrests: Results from refusing to open doors, fleeing from residences, hiding inside homes, struggling when located, or warning wanted persons about police presence.
Despite the broad language of PC 148, numerous defenses can be raised to challenge these charges. At Tu Defensor Criminalista, we employ a comprehensive defense strategy tailored to the specific facts of your case.
One of the most effective defenses to PC 148 is demonstrating that the officer was not engaged in lawful conduct. You cannot be guilty of resisting arrest if the officer’s actions were unlawful. This defense applies when:
Unlawful Detention or Arrest: If the officer lacked reasonable suspicion to detain you or probable cause to arrest you, any resistance to that unlawful detention or arrest cannot form the basis for a PC 148 conviction. We examine:
Excessive Force: California law recognizes that you have the right to reasonably resist an officer who is using excessive force. If an officer uses more force than necessary to effect an arrest, you may defend yourself with proportionate force. We investigate:
Officer Acting Outside Their Jurisdiction or Authority: Officers must be acting within the scope of their employment and authority. If an off-duty officer without jurisdiction attempts to detain you, or if an officer exceeds their legal authority, you may have a valid defense.
PC 148 requires that you “willfully” resisted, delayed, or obstructed the officer. This means you acted on purpose, not accidentally. We can defend you by showing:
Involuntary Movements:
Lack of Knowledge:
Accidental Interference:
Unfortunately, false accusations of resisting arrest are not uncommon. Officers sometimes file these charges:
We challenge false accusations by:
Certain actions are protected by the Constitution and cannot form the basis for a PC 148 conviction:
Fifth Amendment Rights:
First Amendment Rights:
Fourth Amendment Rights:
We emphasize that exercising constitutional rights cannot constitute resisting arrest, and we challenge prosecutors who attempt to criminalize protected conduct.
The prosecution must prove every element of PC 148 beyond a reasonable doubt. We challenge their evidence by showing:
If you reasonably but mistakenly believed the officer was not a peace officer or was not acting in their official capacity, you may have a valid defense. This can occur with:
If an officer used excessive force or acted unlawfully, you may have been justified in using reasonable force to defend yourself or others. This defense requires careful handling, as courts are often skeptical, but it can succeed when:
California Penal Code 148(g) explicitly protects your right to photograph or record police officers performing their duties in public. The statute states: “The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a).”
This means you cannot be arrested for resisting arrest simply because you’re recording police, even if officers order you to stop recording. However, you can still be arrested if your recording activity actually obstructs or delays the officers’ duties, such as:
When recording police in Palmdale, follow these guidelines to avoid legitimate PC 148 charges:
Resisting arrest charges rarely stand alone. Prosecutors commonly file additional charges in connection with PC 148:
Giving police a fake ID, someone else’s ID, or false identifying information is charged separately under PC 148.9:
This more serious felony-misdemeanor wobbler applies when you use force or threats against executive officers:
If your resistance includes attempting to harm an officer:
If you make physical contact with an officer:
If you threaten officers during the encounter:
Often charged alongside PC 148 when the underlying incident involves intoxication:
Even when the evidence appears strong, experienced criminal defense attorneys can often negotiate favorable resolutions to PC 148 charges:
Disturbing the Peace (PC 415): A less serious misdemeanor that avoids the stigma of “resisting arrest” on your record:
Trespassing (PC 602): Appropriate when the underlying incident involved refusal to leave an area:
Infractions: In some cases, we can negotiate for the charge to be reduced to an infraction:
California offers alternatives to jail time that can minimize the impact of a PC 148 conviction:
Deferred Entry of Judgment: For first-time offenders, plead guilty/no contest, complete probation successfully, and charges are dismissed upon completion with the case sealed or expunged.
Diversion Programs: Including mental health diversion (PC 1001.36), drug diversion (PC 1000) if substance abuse was a factor, veterans’ diversion, or misdemeanor diversion in some jurisdictions.
Probation with Minimal Conditions: Informal (summary) probation instead of formal probation, minimal or no jail time, community service instead of jail, counseling or classes instead of incarceration, and early termination of probation after demonstrating compliance.
At Tu Defensor Criminalista, we understand that PC 148 cases require immediate action and thorough investigation. Our defense strategy includes preserving body camera and dashcam footage, identifying and contacting witnesses, documenting injuries, photographing the scene, obtaining medical records, and reviewing the arresting officer’s personnel file through Pitchess motions. We research the officer’s complaint history, examine prior lawsuits or disciplinary actions, investigate training and certification, and identify applicable case law supporting your defense.
Before the DA files formal charges, we can sometimes contact the prosecutor directly, present exculpatory evidence, provide witness statements, and demonstrate that prosecution is not in the interests of justice. If your case goes to trial, we conduct mock examinations, prepare demonstrative exhibits, line up expert witnesses if needed, develop compelling opening and closing arguments, create jury questionnaires to identify sympathetic jurors, and prepare you to testify if strategically advisable. Even after a conviction, options remain including appealing based on legal errors, filing motions to vacate for immigration consequences, seeking early termination of probation, expunging the conviction under PC 1203.4, or pursuing a certificate of rehabilitation.
Understanding your rights can help you avoid PC 148 charges:
During a Detention or Stop: You can ask if you’re free to leave, have the right to remain silent (though must provide ID in some circumstances), can decline consent to searches, can record the encounter from a safe distance, and should remain calm and respectful even if you believe the stop is unlawful.
During an Arrest: You have the right to know why you’re being arrested, remain silent, have an attorney, and should not physically resist even if the arrest is unlawful (challenge it in court later). Invoke your right to an attorney immediately.
After Arrest: Do not make statements without an attorney, do not consent to searches without legal advice, contact an attorney as soon as possible, do not discuss your case with anyone except your attorney, and follow all booking procedures cooperatively.
This is one of the most common questions, and the answer is nuanced. Generally, courts have held that you can be convicted of PC 148 even if the underlying arrest was unlawful, as long as the officer had probable cause to make the arrest at the time. This means that even if charges are later dropped or you’re acquitted of the crime you were originally arrested for, you can still be convicted of resisting arrest. However, there are important exceptions. If the officer acted completely outside their authority or used excessive force, you may have valid defenses including self-defense. Additionally, if the officer lacked even arguable probable cause and was acting in bad faith, some courts have found that the officer was not engaged in lawful duties. These cases are fact-specific and require careful legal analysis. We thoroughly investigate whether the underlying detention or arrest was lawful and whether the officer’s actions were reasonable under the circumstances.
California Penal Code 148(g) explicitly protects your right to record police officers in public places. If an officer orders you to stop recording, you should politely but firmly inform them that you’re exercising your legal right under PC 148(g). However, you must not physically interfere with the officers’ duties. If an officer persists in ordering you to stop recording, you should comply with the order to avoid potential arrest, but immediately note the officer’s badge number, name, and the circumstances. You can then file a complaint afterward and potentially sue for violation of your First Amendment rights. The key is to maintain a reasonable distance (typically at least 10-15 feet unless circumstances require more), avoid interfering with the investigation or arrest, follow lawful orders to move to a different location, and remain calm even if the officer becomes angry about being recorded. If you’re arrested despite properly exercising your right to record, this provides strong grounds for challenging the PC 148 charge and potentially pursuing a civil rights lawsuit.
Intoxication generally does not provide a complete defense to PC 148 because the law requires only that you “willfully” resisted, delayed, or obstructed the officer, not that you specifically intended to violate the law. However, extreme intoxication can sometimes negate the “willful” element if you were so intoxicated that you were incapable of forming the intent to resist or were unable to understand the officer’s commands. This is a difficult defense to prove and typically requires expert testimony about your level of intoxication and its effects on your cognitive functioning. More commonly, intoxication can be used as a mitigating factor in sentencing, particularly if the underlying incident involved public intoxication or a DUI arrest. We can also sometimes use intoxication to explain why your actions appeared to be resistance when they were actually involuntary movements or confusion. Additionally, if your intoxication resulted from a medical condition (such as diabetes causing hypoglycemia) rather than voluntary consumption of alcohol or drugs, this can provide a stronger defense. Each case must be evaluated based on its specific facts, including your blood alcohol content, witness observations, and video evidence of your behavior.
A PC 148 conviction can have significant employment consequences, though the impact varies depending on your profession and the requirements of your employer or licensing board. For most private sector jobs, employers are not required to ask about misdemeanor convictions, and after completing probation, you can generally petition to have the conviction expunged under PC 1203.4, which allows you to legally state that you were not convicted on most employment applications. However, certain professions face more serious consequences. Licensed professionals such as nurses, doctors, lawyers, teachers, real estate agents, and others must typically report criminal convictions to their licensing boards, which may result in disciplinary action including license suspension or revocation. Government jobs and positions requiring security clearances often require disclosure of all convictions, even expunged ones, and a resisting arrest conviction may disqualify you from these positions. Law enforcement and security jobs are particularly problematic, as these employers view resisting arrest as evidence of disrespect for law enforcement authority. Commercial drivers and other transportation professionals may face restrictions from employers even if not legally required. This is why it’s crucial to fight PC 148 charges aggressively and seek reduction to a less serious charge if possible, as this can make the difference in preserving your career.
No, police generally cannot search your phone without a warrant, even if you were using it to record them when you were arrested. The U.S. Supreme Court held in Riley v. California (2014) that police must obtain a warrant before searching a cell phone seized during an arrest, with only narrow exceptions for emergency circumstances. If you were recording police when arrested, officers may seize your phone as evidence, but they cannot search its contents without a warrant. They cannot delete your recordings, though they sometimes illegally do so anyway. To protect yourself, consider using apps that automatically upload recordings to the cloud, password-protect your phone, inform officers that you do not consent to any search of your phone, and immediately tell your attorney if officers searched your phone without a warrant. If officers illegally searched your phone and found incriminating evidence, we can file a motion to suppress that evidence. Additionally, if officers deleted your recordings, this can provide grounds for criminal charges against the officers and a civil rights lawsuit. Never give officers your password or unlock your phone, even if they threaten to charge you with obstruction – that threat is generally not valid, and unlocking your phone waives important privacy protections.
The statute of limitations for PC 148 (the deadline by which prosecutors must file charges) is one year from the date of the alleged offense. However, once charges are filed, you must act much more quickly. Your arraignment (first court appearance) typically occurs within 30 days of arrest for in-custody defendants or within several weeks for out-of-custody defendants. You have limited time to file certain motions, such as a motion to suppress evidence (PC 1538.5) or a Pitchess motion to discover the officer’s personnel records. These motions must generally be filed before trial and well in advance to allow time for hearings. The discovery process (obtaining evidence from the prosecution) begins shortly after arraignment and continues until trial. Additionally, if you believe the prosecution is violating your speedy trial rights, you can demand a trial within 60 days of arraignment (if in custody) or within a reasonable time (if out of custody). From a practical standpoint, you should contact an attorney immediately after arrest because critical evidence such as witness memories, surveillance footage, and body camera recordings can be lost if not preserved quickly. Early attorney involvement can also sometimes prevent the filing of charges through pre-filing intervention. Don’t wait to seek legal help – the sooner we begin working on your case, the better your chances of a favorable outcome.
These are related but distinct offenses with significantly different severity and penalties. PC 148(a) is always a misdemeanor (except when involving taking an officer’s weapon) and applies to any peace officer, public officer, or EMT. It requires only that you “willfully resisted, delayed, or obstructed” the officer, which can include passive resistance like going limp or verbal obstruction. Maximum penalty is one year in county jail and a $1,000 fine. PC 69, by contrast, is a felony-misdemeanor wobbler that applies specifically to “executive officers” (which includes police officers, district attorneys, judges, and certain other officials). It requires proof that you used force or threats to prevent the officer from performing their duties, making it a more serious offense requiring more serious conduct. Maximum penalty as a misdemeanor is one year in county jail and $10,000 fine; as a felony, it’s 16 months to 3 years in state prison. Prosecutors typically charge PC 69 instead of or in addition to PC 148 when the resistance involved actual violence, threats of violence, or physical force beyond passive resistance. PC 69 is considered a more serious offense and can count as a strike under California’s Three Strikes law in some circumstances. Because the consequences are so much more severe, it’s critical to have experienced legal representation to potentially negotiate reduction from PC 69 to PC 148, or to challenge the evidence supporting the force or threat element required for PC 69.
Yes, video evidence contradicting an officer’s account is one of the strongest grounds for getting PC 148 charges dismissed. Body camera footage, dashcam video, surveillance cameras, and bystander cell phone recordings can all provide powerful evidence that you did not resist, that the officer used excessive force, or that the officer’s account is inaccurate. When we obtain video evidence, we carefully analyze it frame-by-frame to identify inconsistencies with the police report, evidence of excessive force, proof that you were complying with commands, indications that the officer provoked the confrontation, or anything else that supports your defense. We then present this evidence to the prosecutor with a motion to dismiss, or if necessary, we use it at trial to impeach the officer’s testimony and create reasonable doubt. Video evidence has led to dismissals in countless resisting arrest cases where officers claimed the defendant was combative when the video shows compliance, alleged the defendant fled when the video shows they were walking away slowly, stated the defendant was refusing commands when the video shows confusion, or claimed they used minimal force when the video shows excessive force. However, video evidence must be obtained and preserved quickly, as some footage is automatically deleted after a certain period. This is why it’s critical to hire an attorney immediately who can send preservation letters to all potential sources of video evidence.
Even if the video isn’t perfectly clear or doesn’t capture every moment, it can still be valuable evidence when combined with other facts supporting your defense.
If the arresting officer fails to appear at a critical court proceeding, the consequences depend on the type of hearing. At preliminary hearings and trials, the officer’s testimony is usually essential to the prosecution’s case because they’re the primary witness to the alleged resisting conduct. If the officer doesn’t appear and cannot be located or subpoenaed, the prosecutor may be forced to dismiss the charges or continue the case to a later date. However, if the officer repeatedly fails to appear, the judge may dismiss the case for lack of prosecution or violation of your speedy trial rights. At routine pretrial conferences and status hearings, the officer’s presence is usually not required, and their absence won’t significantly impact the case. At DMV administrative hearings (if your license was suspended), the officer’s non-appearance typically results in the DMV setting aside the suspension in your favor. We always subpoena the arresting officer for critical hearings and move for dismissal if they fail to appear without good cause. However, you should not rely on the officer not showing up as a defense strategy, as most officers do appear when properly subpoenaed, and some prosecutors will go to great lengths to ensure officer attendance including rescheduling multiple times. The better approach is to build a strong substantive defense that will succeed even if the officer appears and testifies.
Yes, you may be eligible for expungement under Penal Code 1203.4 if you successfully completed probation or, if you were not granted probation, at least one year has passed since your conviction; you have paid all fines, restitution, and fees; you have completed all court-ordered programs and conditions; and you’re not currently charged with, on probation for, or serving a sentence for any other offense. If you meet these requirements, we can file a petition for dismissal under PC 1203.4, which results in your guilty or no contest plea being withdrawn and the case dismissed. The benefits of expungement include being able to legally state on most private employment applications that you were not convicted, relief from many negative employment consequences, improved housing prospects, and restoration of some rights. However, important limitations remain: the conviction still counts as a prior if you’re charged with another crime, the conviction remains visible to law enforcement and courts, you must still disclose it when applying for government jobs or professional licenses, and it doesn’t eliminate all immigration consequences. Despite these limitations, expungement is extremely valuable for moving forward with your life after a PC 148 conviction. We can also sometimes petition for early termination of probation if you’ve complied with all conditions, which allows you to seek expungement sooner than the full probation term. The process typically takes several months from filing to final hearing, and having an attorney significantly improves your chances of success.
Absolutely not – you should never plead guilty without first consulting an experienced criminal defense attorney who has thoroughly reviewed your case and explored all possible defenses and alternatives. Many people make the mistake of pleading guilty to resisting arrest charges because the offered sentence seems relatively minor (probation with no jail), but this ignores the long-term consequences of having a criminal conviction on your record. Even with an apparently lenient sentence, you’ll have a permanent criminal record affecting employment, professional licensing, housing, and future police encounters. The conviction could violate probation if you’re on probation for another offense. Immigration consequences could result even though PC 148 isn’t a CIMT. You’ll lose the opportunity to potentially get the charges dismissed or reduced to an infraction or lesser charge. Additionally, many resisting arrest cases have strong defenses that could result in complete dismissal of charges, including unlawful detention or arrest, excessive force by the officer, false accusations, lack of willful conduct, or insufficient evidence. Even if the evidence against you is strong, an experienced attorney can often negotiate for better outcomes than the initial offer, such as reduction to disturbing the peace or trespassing, diversion programs that result in dismissal upon completion, or infractions instead of misdemeanors. Our experience shows that the prosecution’s first offer is rarely their best offer, and attorneys who thoroughly investigate the case and present compelling mitigation evidence can usually achieve significantly better results.
Don’t give up your leverage by pleading guilty immediately – invest in proper legal representation and give yourself the best chance at a favorable outcome.
Remember:
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.
English English
Español de MéxicoThank you! We need your help. Would you share your experience on one of these sites?
If you have concerns you wish to address privately
