If you or a loved one has been arrested or charged with resisting arrest in El Monte, California, you are facing serious criminal charges that can result in jail time, fines, a permanent criminal record, and significant consequences for your future. Resisting arrest charges are often filed in addition to other criminal charges, compounding your legal problems and giving prosecutors leverage in plea negotiations. These charges are also frequently used to justify excessive force by police officers and to deflect attention from potential police misconduct or unlawful arrests.
At Tu Defensor Criminalista, we understand that resisting arrest charges do not tell the whole story. Many of our clients were exercising their constitutional rights, defending themselves against excessive police force, confused about police commands, or simply misunderstood in tense, chaotic situations. Whether you’re facing charges under Penal Code 148 (resisting, delaying, or obstructing an officer) or Penal Code 69 (resisting an executive officer with force or threats), our experienced criminal defense team is here to challenge the charges, investigate police conduct, and fight for your rights and your freedom.
El Monte, with a population of approximately 104,639 residents according to the U.S. Census Bureau[1], is a diverse community where law enforcement encounters are common. According to Police Scorecard data[2], from 2013-2023, the El Monte Police Department made 23,298 arrests, with 59% for low-level, non-violent offenses. More concerning, El Monte PD uses more force per arrest than 99% of departments, with 460 incidents of less-lethal force per 10,000 arrests—and 80% of people killed by El Monte police were unarmed.
According to a University of Wisconsin study[3] analyzing California data from 2006-2018, Black individuals were 3.5 times as likely to be prosecuted for resisting arrest as white individuals, and Hispanic individuals were 1.2 times as likely, revealing significant racial disparities in how these charges are applied.
With so much at stake—your freedom, your record, your reputation—you need an attorney who understands California’s resisting arrest laws, knows how to challenge police testimony, can investigate excessive force claims, and has experience defending against these charges in Los Angeles County courts. At Tu Defensor Criminalista, we provide bilingual (English and Spanish) criminal defense representation throughout El Monte and the greater Los Angeles County area.
Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin building your defense.
California law provides for two primary resisting arrest offenses with very different penalties:
California Penal Code Section 148(a)(1) is the most common resisting arrest charge, making it unlawful to willfully resist, delay, or obstruct any peace officer, public officer, or emergency medical technician in the performance of their duties.
Definition and Elements:
The prosecution must prove:
What “Resist, Delay, or Obstruct” Means:
Important: You do NOT need to use physical force to violate PC 148. The following can support charges:
Penalties for PC 148(a)(1):
California Penal Code Section 69 is a much more serious charge involving the use of force, violence, or threats against an executive officer (police officers, judges, district attorneys, etc.) lawfully performing their duties.
Two Ways to Violate PC 69:
Key Difference from PC 148: PC 69 requires actual force, violence, or threats, while PC 148 can be passive resistance or non-violent obstruction.
Penalties for PC 69:
PC 69 is a “wobbler” offense (can be charged as misdemeanor or felony):
Misdemeanor:
Felony:
Factors Affecting Felony vs. Misdemeanor:
Resisting arrest cases often involve additional charges:
Penal Code 243(b)/(c) – Battery on a Peace Officer:
Penal Code 245(c) – Assault with Deadly Weapon on Peace Officer:
Penal Code 417 – Brandishing a Weapon:
Penal Code 71 – Threatening Public Officer:
Understanding local law enforcement practices and statistics provides important context:
According to Police Scorecard data for El Monte[2]:
Arrest Statistics (2013-2023):
Use of Force:
Accountability:
According to the Public Policy Institute of California[4]:
According to the University of Wisconsin study on [3]California resisting arrest prosecutions[3]:
According to California police misconduct data[5]:
California recently launched its first public database of police misconduct[6] in 2025, making thousands of internal investigation records searchable online.
Scenario:
Defense: You have constitutional right to refuse consent to searches and to ask questions.
Scenario:
Defense: You have right to reasonably defend yourself against excessive force.
Scenario:
Defense: Misunderstanding or confusion is not willful resistance.
Scenario:
Defense: Exercising constitutional rights is not criminal.
Scenario:
Defense: Observing arrests from reasonable distance is constitutionally protected.
Scenario:
Defense: Verbal complaints or questions are not criminal resistance.
Scenario:
Defense: Video evidence, witnesses, and physical evidence can contradict police claims.
At Tu Defensor Criminalista, we employ comprehensive defense strategies:
The Most Powerful Defense:
For both PC 148 and PC 69, prosecution must prove the officer was lawfully performing their duties. If the officer was acting unlawfully, you cannot be guilty of resisting arrest.
Unlawful Officer Conduct Includes:
If officer was acting unlawfully, you have NO duty to comply and resistance may be justified.
PC 148 requires “willful” resistance—you must have intentionally resisted.
Defenses Based on Lack of Intent:
California Law Allows Reasonable Self-Defense:
You have the right to use reasonable force to defend yourself against excessive police force. If officer used more force than necessary, your defensive actions may be legally justified.
Requirements:
Evidence:
Constitutionally Protected Actions Include:
If you were exercising constitutional rights, charges should be dismissed.
Attacking Police Testimony:
Pitchess Motion: We file motions to access officer’s personnel records showing:
Critical Evidence:
Physical Evidence:
Prosecution must prove guilt beyond reasonable doubt:
Constitutional Violations:
Even if technical violation occurred, conduct was so minor it shouldn’t be criminalized:
Beyond immediate penalties, convictions create lasting problems:
El Monte is a diverse, predominantly immigrant community where understanding cultural contexts and language barriers is essential for effective legal representation.
According to Census Bureau data[1]:
Demographics:
This demographic reality means:
No. If the officer was not lawfully performing their duties (unlawful arrest, excessive force, etc.), you cannot be convicted of resisting arrest. This is the most common and powerful defense.
Simply running from police is not automatically resisting arrest under PC 148. However, if you’re lawfully detained and flee, or if you cause delays or interfere with investigation, it may constitute obstruction. Context matters significantly.
Yes. PC 148 doesn’t require physical contact. Verbal obstruction, refusing commands, providing false information, or passive resistance can all support charges. However, merely exercising constitutional rights (asking questions, refusing searches) is not criminal.
You have the legal right to use reasonable force to defend yourself against excessive police force. If the officer used more force than necessary, your defensive actions may be justified. We present evidence of excessive force to show your actions were lawful self-defense.
Yes. You have a First Amendment right to film police officers performing their duties in public. Officers cannot arrest you for recording them, though you must not physically interfere with their duties. If arrested for filming, charges should be dismissed.
If you didn’t understand due to language barriers, hearing impairment, confusion, or other reasons, you lacked the required “willful” intent to resist. This is a strong defense we can present with evidence of language barriers or medical conditions.
Prosecutors often add resisting charges to increase leverage in plea negotiations. We fight to have these charges dismissed or used as a negotiating tool to reduce your primary charges.
A Pitchess motion is a legal procedure allowing us to access the arresting officer’s personnel records, including prior complaints, excessive force incidents, dishonesty, or false arrest history. This evidence can devastate the prosecution’s case.
Yes. If you were falsely arrested or subjected to excessive force, you may have a civil rights lawsuit under 42 U.S.C. § 1983. However, resisting arrest convictions weaken civil cases, which is why fighting the criminal charges is critical.
Video evidence often helps defendants by showing: (1) officer used excessive force, (2) you didn’t resist as claimed, (3) you were exercising constitutional rights, or (4) officer is lying. We subpoena all video evidence including body cameras, dashcams, and surveillance footage.
Not necessarily. Many first-time PC 148 offenders receive probation, community service, or anger management classes instead of jail. With strong legal representation, we often negotiate dismissals or minimal penalties.
Officer injuries can increase penalties but don’t automatically prove guilt. Injuries can result from the officer’s own excessive force, accidents, or fabrication. We investigate injury claims thoroughly and present alternative explanations.
Yes. We often get resisting charges dismissed by showing: unlawful police conduct, lack of evidence, constitutional violations, or prosecutorial discretion. Even when dismissal isn’t possible, we negotiate significant charge reductions.
1. Remain calm and do not physically resist
2. Clearly state: “I do not consent to searches”
3. State: “I want to remain silent”
4. State: “I want to speak to my lawyer”
5. Do not make statements
6. Contact Tu Defensor Criminalista immediately: (888) 315-3326
Racial profiling violates your constitutional rights. If you can show the stop, detention, or arrest was based on race, charges should be dismissed. Evidence includes officer’s pattern of stops, lack of legitimate reason, and statistical disparities.
Hablamos Español. Essential for El Monte where 82% speak languages other than English:
Resisting arrest charges require immediate legal intervention. Police reports are being written, evidence is being gathered, and your rights are at risk.
Don’t let false charges or police misconduct destroy your future.
Your freedom and driving privileges are worth fighting for. Call now—we’re available 24/7 to defend your rights.
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.
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