Arrested for resisting arrest in Glendale? You’re facing serious criminal charges under California Penal Code Section 148(a) that can result in county jail time, substantial fines, and a permanent criminal record. At Tu Defensor Criminalista, we provide aggressive legal defense for clients facing resisting arrest charges throughout Glendale and Los Angeles County. Our experienced criminal defense attorneys understand that resisting arrest charges are often unjustly applied—frequently used by police to justify excessive force or to retaliate against individuals who assert their rights.
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California Penal Code Section 148(a) defines resisting arrest as willfully resisting, delaying, or obstructing any peace officer or emergency medical technician (EMT) in the discharge or attempt to discharge any duty of their employment. Despite its common name, “resisting arrest” under California law encompasses far more conduct than physically struggling with police during an arrest.
According to data from the Los Angeles County Commission on Human Relations[1], arrest data from the Glendale Police Department reveals significant patterns in how resisting arrest charges are applied. The Glendale Police Department[2] made 327 DUI arrests in 2021 alone, and resisting arrest charges frequently accompany other criminal allegations, creating multiple layers of legal jeopardy for defendants.
To convict you of resisting arrest under Penal Code 148(a), prosecutors must prove four essential elements beyond a reasonable doubt:
Element 1: You Willfully Resisted, Delayed, or Obstructed
The prosecution must demonstrate that you acted intentionally. “Willfully” means you did something on purpose—even if you didn’t intend to break the law or harm anyone. Accidental conduct does not qualify as resisting arrest.
Element 2: A Peace Officer or EMT Was Involved
The law protects peace officers (police, sheriff deputies, highway patrol) and emergency medical technicians. It does not extend to private security guards or college campus security officers.
Element 3: The Officer Was Performing Their Official Duties
The officer must have been lawfully performing duties imposed by their employment. If an officer uses excessive force or conducts an unlawful arrest, they are not performing lawful duties, and resisting arrest charges should not apply.
Element 4: You Knew or Should Have Known
You must have known, or reasonably should have known, that the person was a peace officer or EMT performing their duties. If you genuinely didn’t know someone was an officer, this element fails.
California’s resisting arrest law is deliberately broad. Conduct that can result in Penal Code 148(a) charges includes:
Physical Resistance:
Non-Physical Obstruction:
Verbal Interference:
It’s critical to understand that even passive resistance—such as going limp—constitutes resisting arrest under California law. You don’t need to use violence or fight with officers to face these charges.
Resisting arrest under California Penal Code 148(a) is a misdemeanor offense carrying significant penalties:
Jail Time:
Up to 1 year in Los Angeles County Jail. While first-time offenders may receive shorter sentences or avoid jail entirely through probation, repeat offenders or cases involving violence typically result in actual custody time.
Fines:
Up to $1,000 in base fines, which escalate dramatically with penalty assessments. Total fines often reach $3,000-$5,000 when including court fees, administrative costs, and penalty assessments.
Probation:
Most first-time offenders receive informal (summary) probation for 1-3 years instead of jail time. Probation conditions typically include:
Criminal Record:
A conviction creates a permanent criminal record visible to employers, landlords, professional licensing boards, and others conducting background checks.
Resisting While Taking a Weapon (PC 148(b)-(d)):
If you attempt to remove or take a firearm or other weapon from a peace officer during the resistance, the offense becomes a felony punishable by 16 months to 3 years in state prison.
Resisting an Executive Officer (PC 69):
When resistance involves force, violence, or threats against an executive officer (police, judges, prosecutors, district attorneys), charges escalate to Penal Code 69—a “wobbler” offense that can be charged as either a misdemeanor or felony:
According to the California Legislative Information portal[3], these enhanced charges reflect California’s strong protection of law enforcement officers performing their duties.
A resisting arrest conviction creates lasting consequences that extend far beyond jail time and fines:
Employment Consequences:
Professional License Impact:
Immigration Consequences:
Housing Difficulties:
Educational Impact:
Civil Rights Limitations:
The Glendale Police Department[2], located at 131 North Isabel Street, Glendale, CA 91206, serves California’s third-most populous city in Los Angeles County with approximately 192,870 residents. With roughly 300 sworn officers and specialized units including traffic enforcement, gang suppression, and investigations, GPD maintains an active law enforcement presence throughout the city.
Understanding local enforcement patterns helps contextualize resisting arrest charges in Glendale:
According to Police Scorecard data[4], the Glendale Police Department demonstrates patterns of enforcement that disproportionately affect certain communities. Black individuals are 9.1 times more likely, and Latinx individuals are 3.2 times more likely to be arrested for low-level, non-violent offenses compared to white individuals in Glendale.
The Los Angeles County Commission on Human Relations report[1] analyzing Glendale Police Department arrest data reveals substantial racial disparities in arrest patterns. These disparities raise important questions about how police exercise discretion in making arrests and filing charges—including resisting arrest charges.
Glendale’s location in Los Angeles County, which accounts for nearly 18.9% of all DUI arrests in California according to California DMV statistics, means residents face aggressive law enforcement. This enforcement extends beyond DUI to include resisting arrest charges, which police often add to underlying criminal allegations.
Resisting arrest charges in Glendale commonly arise in several contexts:
At Tu Defensor Criminalista, we’ve successfully defended hundreds of clients against resisting arrest charges in Glendale and throughout Los Angeles County. Every case is unique, but several defense strategies frequently prove effective:
The prosecution must prove you acted willfully—meaning you acted on purpose. If your actions were accidental or unintentional, you cannot be convicted of resisting arrest.
Accident Defense: You tripped and fell, which officers misinterpreted as resisting. You lost your balance during handcuffing, causing officers to believe you were pulling away. These accidents do not constitute willful resistance.
Medical Episode: You experienced a seizure, diabetic episode, panic attack, or other medical condition that caused involuntary movements or inability to comply with commands. Police often mistake medical episodes for resistance.
Involuntary Reaction: Your body’s natural reflexive response to pain or surprise caused movements officers interpreted as resistance. For example, jerking your arm away when an officer grabbed you too hard is an involuntary reflex, not willful resistance.
Misunderstanding: You genuinely misunderstood what officers wanted you to do, especially if:
Peace officers are only protected under PC 148(a) when performing lawful duties. If an officer acts unlawfully, resisting arrest charges cannot stand.
Unlawful Arrest:
If police arrested you without probable cause or reasonable suspicion, the arrest was unlawful. You cannot be convicted of resisting an unlawful arrest. We challenge the underlying arrest’s legality by demonstrating:
Excessive Force:
California law recognizes you have the right to defend yourself against excessive force. If officers used unreasonable or excessive force, you have the right to protect yourself. We demonstrate excessive force through:
Illegal Search:
If officers were conducting an illegal search when you allegedly resisted, they were not performing lawful duties. We challenge illegal searches by showing:
Unfortunately, false accusations of resisting arrest are common. Officers sometimes fabricate or exaggerate resistance to:
Justify Excessive Force:
When officers use excessive force and cause visible injuries, they often claim you resisted to justify their actions and avoid misconduct complaints or civil liability. We expose this pattern by:
Retaliate for Perceived Disrespect:
Some officers add resisting arrest charges because they felt disrespected or challenged. Verbal disagreement, questioning the stop’s legality, or recording police activity can trigger retaliation—even though these actions are constitutionally protected.
Cover Up Illegal Conduct:
When officers conduct illegal stops, searches, or arrests, they sometimes add resisting arrest charges to deflect attention from their own misconduct and discourage civil rights lawsuits.
Pitchess Motions:
We file Pitchess motions to discover officers’ personnel records, including:
This information often reveals patterns of misconduct that support your defense.
To convict you of resisting arrest, prosecutors must prove you knew, or reasonably should have known, the person was a peace officer performing their duties.
Plain Clothes Officers:
If officers were in plain clothes without clearly identifying themselves as police, you may not have known they were officers. This defense is particularly strong when:
Chaotic Situations:
During chaotic incidents involving multiple people, crowds, or confusion, you may not have realized officers were attempting to arrest you specifically or understood their commands were directed at you.
California law explicitly protects certain conduct that police sometimes characterize as resistance:
Recording Police Activity (PC 148(g)):
California Penal Code 148(g) clearly states that photographing or recording a peace officer in a public place, or from a place you have a right to be, does not constitute resisting arrest. Officers who arrest people for recording them violate the law. We defend clients by:
Verbal Criticism:
Verbally disagreeing with officers, criticizing their actions, or expressing anger does not constitute resisting arrest. The First Amendment protects your right to criticize police, even harshly, as long as you don’t threaten violence or physically interfere with their duties.
Requesting a Supervisor:
Asking to speak with a supervisor, requesting badge numbers, or asking questions about why you’re being stopped or arrested is not resisting arrest—it’s exercising your rights.
The prosecution bears the burden of proving every element of resisting arrest beyond a reasonable doubt. We create reasonable doubt by:
Challenging Police Reports:
Police reports often contain:
Cross-Examining Officers:
Skilled cross-examination exposes:
Presenting Witnesses:
Independent witness testimony often contradicts police accounts and supports your version of events. We interview witnesses and present their testimony to establish reasonable doubt.
Video Evidence:
Body camera footage, surveillance video, and bystander recordings frequently show:
Resisting arrest cases arising in Glendale are prosecuted by the Los Angeles County District Attorney’s Office and heard in local Los Angeles County Superior Court facilities.
Glendale Courthouse
600 East Broadway
Glendale, CA 91206
Phone: (818) 265-6498 (Criminal Division)
This courthouse handles misdemeanor criminal cases, including resisting arrest charges arising in Glendale. Most resisting arrest cases will proceed through this courthouse unless transferred.
Pasadena Courthouse
300 East Walnut Street
Pasadena, CA 91101
Some Glendale cases are transferred to Pasadena for trial or other proceedings.
Understanding the court process helps you know what to expect:
Arraignment (First Court Appearance):
You appear before a judge, hear the charges against you, enter a plea (typically not guilty), and receive information about bail if you’re in custody. Arraignment typically occurs within 48 hours for in-custody defendants, or several weeks for out-of-custody defendants who received a citation.
Pretrial Conference:
Your attorney and the prosecutor discuss the case, review evidence, and negotiate potential resolutions. Multiple pretrial conferences may occur. This is when most cases resolve through plea agreements or charge dismissals.
Motion Hearings:
Your attorney files legal motions to:
Trial:
If no agreement is reached, your case proceeds to trial. For misdemeanor resisting arrest, you can choose either a bench trial (judge decides) or jury trial (jury decides). The prosecution must prove guilt beyond a reasonable doubt.
Sentencing:
If convicted, the judge imposes sentence. Your attorney presents mitigation evidence and argues for minimal punishment such as probation without jail time.
Throughout your case, Tu Defensor Criminalista protects your rights by:
Appearing on Your Behalf:
For most misdemeanor proceedings, your attorney can appear without you, so you don’t miss work or other obligations.
Negotiating With Prosecutors:
We leverage our experience and relationships with Los Angeles County prosecutors to negotiate favorable resolutions including:
Investigating Your Case:
We conduct independent investigations including:
Filing Motions:
We file aggressive motions to suppress evidence, dismiss charges, and obtain favorable rulings before trial.
Trial Representation:
When trial is necessary, we provide skilled representation including effective cross-examination of officers, compelling opening and closing arguments, and presentation of defense evidence.
Understanding related offenses helps clarify your charges and potential defenses:
The standard resisting arrest charge discussed throughout this article. Maximum penalty of 1 year in county jail and $1,000 in fines.
A more serious offense involving force, violence, or threats against an executive officer (police, judges, prosecutors). Can be charged as either:
The key distinction from PC 148(a) is the use of force, violence, or threats. Aggressive physical resistance often triggers PC 69 charges instead of PC 148(a).
Providing false identification or a fake name to police is a separate crime under PC 148.9, though it’s also considered “obstructing” under PC 148(a). This offense is punishable by up to 6 months in jail and $1,000 in fines.
If you actually strike, hit, or inflict violence on a peace officer, charges escalate to battery on a peace officer—a misdemeanor punishable by up to 1 year in jail and $2,000 in fines. If you cause injury, charges can escalate to a felony.
Attempting to remove or take a firearm or other weapon from a peace officer during resistance is a felony punishable by 16 months to 3 years in state prison.
Willfully fleeing from a pursuing peace officer in a vehicle is evading a peace officer, punishable by up to 1 year in jail. This is distinct from physically resisting during an arrest.
Fleeing from police in a vehicle with willful or wanton disregard for safety of persons or property is felony reckless evading, punishable by 16 months to 3 years in state prison.
Knowing your rights helps prevent resisting arrest charges and protects you during police encounters:
The Fourth Amendment protects you from unreasonable searches and seizures. Police need:
If police violate these requirements, any evidence obtained may be suppressed and charges dismissed.
You have the right to remain silent. You are not required to:
Invoke your Fifth Amendment rights by clearly stating: “I am invoking my right to remain silent and I want to speak with an attorney.”
You have the right to an attorney at all critical stages of criminal proceedings. Once you invoke this right, police must stop questioning you.
You have the right to:
Remain Calm:
Take deep breaths, speak calmly, and avoid sudden movements. Fear and anxiety are natural, but staying calm reduces the likelihood of misunderstandings that lead to resisting arrest charges.
Be Polite But Firm:
You can assert your rights firmly without being rude or antagonistic. Say “Officer, I understand you have a job to do, but I’m exercising my right to remain silent and speak with an attorney.”
Comply With Lawful Orders:
Follow clear, lawful commands such as:
Don’t Physically Resist:
Even if you believe the arrest is unlawful, do not physically resist. The place to challenge an unlawful arrest is in court, not on the street. Physical resistance escalates danger and creates additional charges.
Invoke Your Rights:
Clearly state: “I am exercising my right to remain silent and I want to speak with an attorney before answering any questions.”
Document Everything:
If possible:
Contact Tu Defensor Criminalista Immediately:
Call (888) 315-3326 as soon as possible after arrest. Early attorney involvement dramatically improves outcomes by preserving evidence, interviewing witnesses while memories are fresh, and protecting you from making statements that harm your defense.
Don’t Answer Questions Without an Attorney:
Anything you say can and will be used against you. Even seemingly innocent explanations can hurt your case.
Don’t Consent to Searches:
Politely but clearly state: “I do not consent to any searches.” If officers have a warrant or legal exception, they’ll search anyway—but your refusal to consent protects your rights.
Don’t Make Sudden Movements:
Keep your hands visible and move slowly. Inform officers before reaching for documents or moving.
Don’t Touch Officers:
Avoid any physical contact with officers, even to get their attention. Physical contact can be construed as battery or assault.
Don’t Run:
Running from police creates additional charges (evading police) and provides officers with reasonable suspicion or probable cause.
Don’t Argue About the Law:
The street is not the courtroom. Even if you’re right about the law, arguing rarely helps and often escalates situations.
California law provides alternatives to traditional sentencing that may be available in your resisting arrest case:
Pretrial Diversion:
Some counties offer pretrial diversion for first-time, non-violent misdemeanors. If you successfully complete diversion requirements (classes, community service, stay out of trouble), charges are dismissed.
Mental Health Diversion (PC 1001.36):
If mental health issues contributed to your conduct, you may qualify for mental health diversion. Successful completion results in charge dismissal.
Charge Reduction:
We often negotiate to reduce PC 148(a) resisting arrest to lesser offenses such as:
Dismissal of Additional Charges:
If you face multiple charges, we negotiate to dismiss resisting arrest in exchange for resolving other charges.
Probation Without Jail:
First-time offenders often receive probation without any jail time. Probation conditions typically include community service, classes, and staying out of trouble.
Alternative Custody:
When jail is required, alternatives may include:
If you’re convicted of resisting arrest, California Penal Code 1203.4 allows you to petition for expungement after successfully completing probation (or after 1 year if no probation was ordered). Expungement:
However, expungement does NOT:
Tu Defensor Criminalista provides expungement services to help clients clear their records after resolving resisting arrest cases.
At Tu Defensor Criminalista, we understand the fear, frustration, and uncertainty you face after being arrested for resisting arrest. These charges are often unjust—used by police to justify excessive force or retaliate against individuals asserting their rights. We’ve successfully defended countless clients throughout Glendale and Los Angeles County against resisting arrest charges.
Experience in Glendale Courts:
We regularly practice in Glendale and Los Angeles County courts. We know the local prosecutors, judges, and court procedures. This familiarity provides significant advantages in negotiating favorable plea agreements and successfully litigating cases.
Aggressive Investigation:
We don’t accept police versions of events at face value. We conduct thorough independent investigations including:
Constitutional Rights Advocacy:
We zealously protect your constitutional rights. If police violated your Fourth Amendment rights through illegal stops or searches, or violated your First Amendment rights by arresting you for protected activity like recording police, we fight to suppress evidence and dismiss charges.
Bilingual Services:
We provide full legal services in both English and Spanish, ensuring clear communication and understanding throughout your case. This is particularly important in Glendale’s diverse community where language barriers often contribute to resisting arrest charges.
24/7 Availability:
Arrests happen at all hours. We’re available around the clock to provide immediate assistance when you need it most. Call (888) 315-3326 anytime—we answer.
Free Consultations:
Your first consultation is completely free. We evaluate your case, explain your options, and answer your questions without any financial obligation.
Personalized Attention:
You’re not just a case number. We provide personal attention to every client, returning calls promptly and keeping you informed throughout the legal process.
Proven Track Record:
Our track record includes numerous charge dismissals, acquittals, and favorable plea agreements in resisting arrest cases. We know how to win these cases.
Immediate Action:
From your first call, we take immediate action to protect your rights and build your defense. We:
Comprehensive Strategy:
We develop a comprehensive defense strategy tailored to your specific case, including:
Skilled Negotiation:
Many resisting arrest cases resolve through negotiation rather than trial. We leverage our experience and relationships with Los Angeles County prosecutors to achieve favorable results including charge dismissals, reductions, and probation without jail time.
Trial Readiness:
While we always seek favorable negotiated resolutions, we’re prepared to take your case to trial when necessary. Our attorneys are skilled trial lawyers who effectively cross-examine officers, challenge prosecution evidence, and present compelling defenses.
Yes. Many resisting arrest charges are successfully defended through:
• Demonstrating lack of willful conduct
• Proving the officer was not performing lawful duties
• Exposing false accusations or police misconduct
• Showing you were exercising protected First Amendment rights
• Establishing you didn’t know the person was a peace officer
• Creating reasonable doubt through inconsistencies in the prosecution’s case
Success depends on the specific facts of your case and the skill of your attorney.
California law is complex on this point. While you generally cannot be convicted of resisting an unlawful arrest, the issue becomes: was the arrest actually unlawful? Police need only probable cause to arrest—a much lower standard than proof beyond a reasonable doubt. Even if you’re ultimately acquitted of underlying charges, the arrest may have been lawful if probable cause existed at the time.
However, if officers used excessive force or violated your rights, you may have valid defenses even if the arrest was technically lawful.
Yes. California Penal Code 148(g) explicitly protects your right to photograph or record peace officers performing their duties in public places, or from places you have a right to be. Recording police does not constitute resisting arrest by itself. Officers who arrest you for recording them violate the law.
First, prioritize your safety—do not physically resist even if officers use excessive force. Once safe:
• Seek medical attention and document all injuries
• Photograph your injuries from multiple angles
• Obtain copies of medical records
• Identify witnesses who observed the incident
• Contact Tu Defensor Criminalista immediately at (888) 315-3326
Excessive force may provide a complete defense to resisting arrest charges and create grounds for civil rights lawsuits.
Not necessarily. While resisting arrest carries up to 1 year in jail, many first-time offenders avoid jail entirely through:
• Charge dismissal
• Pretrial diversion
• Probation without jail
• Alternative sentencing such as community service
Your likelihood of jail time depends on factors including:
• Your criminal history
• Whether violence was involved
• The strength of the prosecution’s evidence
•The skill of your attorney
Tu Defensor Criminalista has successfully helped many clients avoid incarceration.
No. Verbally criticizing police, expressing anger, or being disrespectful is protected by the First Amendment and does not constitute resisting arrest. However, police sometimes arrest people for “contempt of cop”—an unofficial term for arrests motivated by perceived disrespect. These arrests are unlawful, and charges should be dismissed.
Intoxication is generally not a defense to resisting arrest because PC 148(a) only requires willful conduct, not specific intent. However, intoxication may explain why you:
• Misunderstood officer commands
• Lost your balance or appeared to resist when you actually couldn’t maintain balance
• Had difficulty following complex instructions
• Experienced involuntary physical reactions
We use intoxication as part of a broader defense strategy demonstrating lack of willful resistance.
Timelines vary significantly. Simple cases with strong defenses may resolve in 2-4 months through negotiated dismissals. Complex cases involving motion hearings and trial can take 6-12 months or longer. Factors affecting timeline include:
• Court scheduling and congestion
• Complexity of legal issues
• Availability of evidence and witnesses
• Whether the case goes to trial
Yes, if you’re convicted. After successfully completing probation, you can petition for expungement under Penal Code 1203.4. Expungement dismisses the conviction and relieves most disabilities. Tu Defensor Criminalista provides expungement services.
This is common. Prosecutors sometimes dismiss underlying charges (the reason for your arrest) while maintaining resisting arrest charges. This creates a challenging situation because you appear to have been arrested for no reason yet face charges for resisting that arrest.
We challenge this by demonstrating the arrest lacked probable cause. If the underlying reason for arrest was baseless, the arrest was unlawful, and resisting arrest charges should be dismissed.
Legal fees vary based on case complexity and whether the case goes to trial. We offer free consultations where we review your case and provide a clear fee quote. Many clients find that investing in experienced legal representation saves money in the long run by avoiding jail time, protecting employment, and preventing lasting criminal record consequences.
We also offer payment plans to make our services accessible.
If you’ve been served with a Resisting Arrest in Glendale, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.
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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