Arrested for resisting arrest in Pasadena? You’re facing serious misdemeanor charges under California Penal Code Section 148(a)(1)[1] that can result in up to one year in county jail, fines up to $1,000, and a permanent criminal record that will follow you for life. A resisting arrest conviction can destroy your employment prospects, professional licenses, housing opportunities, and create lasting difficulties with future law enforcement encounters. You need an experienced criminal defense attorney who knows the Pasadena Superior Court, understands California resisting arrest law, and has a proven track record of successfully defending clients against these charges.
At Tu Defensor Criminalista, we provide aggressive legal defense for individuals facing resisting arrest charges throughout Pasadena and Los Angeles County. Our criminal defense team understands that resisting arrest charges are often added to cases when officers feel disrespected, when arrests are questionable, or when force was used during an encounter. We know the local court system at the Pasadena Superior Courthouse located at 300 East Walnut Street, Pasadena, CA 91101, and we fight to protect your rights and freedom.
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Resisting arrest under California Penal Code 148(a)(1) is one of the most commonly charged offenses in Pasadena and throughout Los Angeles County. Despite its name, the statute covers far more than just physically struggling with police during an arrest. The law criminalizes any willful resistance, delay, or obstruction of peace officers, public officers, or emergency medical technicians while they perform their official duties.
Pasadena, with its population of approximately 136,462 residents[2], sees frequent interactions between law enforcement and the community. According to recent data from the Pasadena Police Department, officers responded to more than 57,000 emergency calls via 9-1-1[3] and successfully resolved 276 potentially dangerous situations using de-escalation techniques. With this high volume of police-citizen encounters, resisting arrest charges are frequently filed.
California Penal Code Section 148(a)(1)[1] states:
“Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.”
This broadly written statute encompasses numerous behaviors beyond physically fighting with police officers. Actions that can result in resisting arrest charges include:
Physical Resistance:
Obstruction of Duties:
Providing False Information:
Important Legal Protection: Under California law, taking a photograph or making an audio or video recording of a police officer in a public place does NOT constitute resisting arrest. Penal Code Section 148(g)[1] explicitly states that recording police activity, by itself, does not give officers reasonable suspicion to detain you or probable cause to arrest you.
To convict you of resisting arrest under Penal Code 148(a)(1), the prosecution must prove beyond a reasonable doubt that:
The term “willfully” means you acted on purpose or deliberately, not accidentally. You don’t need to have intended to break the law—you only need to have intentionally done the act that constituted resistance, delay, or obstruction.
Resisting arrest under California Penal Code 148(a)(1) is charged as a misdemeanor offense. While misdemeanors are less serious than felonies, a conviction still carries significant consequences that can affect your life for years to come.
County Jail Sentence: Up to one year (365 days) in county jail. Judges have discretion to impose any sentence from no jail time up to the maximum. Factors considered include the severity of your conduct, whether anyone was injured, your criminal history, and whether you accept responsibility.
Fines: Up to $1,000 in base fines. However, with California’s penalty assessments and fees, the actual amount you pay can be three to four times the base fine, potentially reaching $4,000 or more.
Probation: Most first-time offenders receive probation rather than jail time. Probation typically lasts two to three years and includes conditions such as:
Work Release or House Arrest: If jail time is ordered as part of probation, it may be served on work release (allowing you to continue working) or house arrest with electronic monitoring rather than traditional custody.
Beyond the direct criminal penalties, a resisting arrest conviction creates numerous collateral consequences:
Employment Impact:
Immigration Consequences: While resisting arrest is not classified as a crime involving moral turpitude (CIMT), non-citizens should still consult with an immigration attorney before accepting any plea deal. Immigration law is complex, and any criminal conviction can potentially impact visa status, green card applications, naturalization, or deportation proceedings.
Future Law Enforcement Encounters: Any conviction for resisting arrest becomes part of your criminal record, visible to law enforcement during future stops and encounters. This can make future interactions with police more difficult and contentious, as officers may view you as someone who has previously resisted arrest.
Military Service: A resisting arrest conviction may result in denial of entry into the military or discharge from current service.
Civil Lawsuits: If your actions caused injury to an officer or damage to property, you may face civil liability in addition to criminal penalties.
Criminal Protective Orders: In some cases, particularly when resisting arrest occurs during domestic violence incidents, the court may issue criminal protective orders restricting your contact with certain individuals or locations.
California Penal Code Section 148 includes enhanced penalties for attempting to take a weapon from an officer:
Understanding the criminal justice process is essential when facing resisting arrest charges in Pasadena. The process involves multiple stages, each presenting opportunities for your defense attorney to challenge the charges and protect your rights.
Resisting arrest charges typically arise during or immediately after a law enforcement encounter. You may be arrested for another offense (such as DUI, domestic violence, or a warrant), and when officers attempt to detain or arrest you, they claim you resisted. Alternatively, you may be arrested solely for resisting arrest when officers claim you obstructed their investigation or delayed their duties.
After arrest, you’ll be transported to the Pasadena Police Department jail facility for booking. The booking process includes photographing, fingerprinting, recording your personal information, and conducting a search. You’ll be held in custody until you post bail or are released on your own recognizance.
For misdemeanor resisting arrest charges, bail is typically set according to the Los Angeles County bail schedule. Bail amounts for PC 148(a)(1) generally range from $5,000 to $25,000 depending on the circumstances and whether other charges are filed. If you cannot afford bail, your attorney can request a bail reduction hearing or ask for release on your own recognizance (OR release).
Your first court appearance will be an arraignment at the Pasadena Superior Courthouse, 300 East Walnut Street, Pasadena, CA 91101[4]. At the arraignment:
For misdemeanor cases, arraignment occurs in the Criminal Clerk’s Office – Misdemeanor, 1st Floor / Room 103, phone (626) 396-3398.
Most defendants should plead “not guilty” at arraignment to preserve all legal options and allow their attorney time to investigate the case, review evidence, and negotiate with prosecutors.
After arraignment, your case enters the pre-trial phase, which typically includes:
Discovery: Your attorney will obtain police reports, arrest reports, body camera footage, dash camera video, witness statements, and any other evidence related to your case. In Pasadena, many arrests are captured on officer body-worn cameras, which can provide crucial evidence for your defense.
Motions: Your attorney may file motions to suppress evidence, dismiss charges, or exclude certain testimony. Common motions in resisting arrest cases include:
Plea Negotiations: Your attorney will negotiate with the Los Angeles City Attorney’s Office or Los Angeles County District Attorney’s Office (depending on where the case is filed) to potentially reduce charges, minimize penalties, or dismiss the case entirely.
If your case proceeds to trial, you have the constitutional right to a jury trial (or you can waive jury and have a bench trial before a judge). At trial, the prosecution must prove every element of the resisting arrest charge beyond a reasonable doubt.
Your attorney will challenge the prosecution’s case through:
If convicted after trial or by plea agreement, sentencing will occur either immediately or at a separate hearing. The judge will consider the probation department’s report, statements from the defendant and any victims, the defendant’s criminal history, and any mitigating or aggravating circumstances.
A conviction is not inevitable when you’re charged with resisting arrest in Pasadena. Experienced criminal defense attorneys employ numerous effective strategies to challenge these charges and achieve favorable outcomes.
One of the most powerful defenses to resisting arrest is demonstrating that the underlying arrest or detention was unlawful. Police officers must have reasonable suspicion to detain you and probable cause to arrest you. If the initial stop, detention, or arrest violated your Fourth Amendment rights, then you cannot be convicted of resisting that unlawful police action.
This defense applies when:
California courts have long recognized that citizens have the right to resist unlawful arrests, though this is a limited right that should only be exercised through legal channels, not physical resistance on the street.
To convict you of resisting arrest, prosecutors must prove you acted willfully—that is, on purpose and intentionally. If your actions were accidental, reflexive, or unintentional, you cannot be convicted under PC 148(a)(1).
Examples of non-willful conduct include:
Penal Code 148(a)(1) only criminalizes obstruction of officers who are lawfully performing their duties. If the officers were engaged in unlawful conduct, you cannot be convicted of resisting arrest.
This defense applies when:
Unfortunately, false accusations of resisting arrest are common. Officers may fabricate or exaggerate claims of resistance to justify:
Your attorney can expose false accusations through:
According to a report by the Los Angeles County Commission on Human Relations analyzing arrest data from the Pasadena Police Department[5], there are significant disparities in arrest rates based on race and ethnicity, with Black people being 5.2 times more likely and Latinx people being 2.4 times more likely to be arrested for low-level, non-violent offenses than white people[6]. These disparities suggest the potential for bias in arrest decisions, which can include retaliatory charges like resisting arrest.
The prosecution bears the burden of proving every element of resisting arrest beyond a reasonable doubt. Your attorney can argue there is insufficient evidence to support a conviction when:
You have the right to use reasonable force to defend yourself against excessive force by police officers. If officers used unlawful force against you, you may have been justified in resisting to protect yourself from injury.
This defense is challenging because it requires showing not only that officers used excessive force, but also that your resistance was reasonable and proportionate to the threat. However, when officers engage in clear misconduct involving violence or unlawful force, self-defense may be an appropriate defense.
To be convicted under PC 148(a)(1), you must have known or reasonably should have known that the person you allegedly obstructed was a peace officer performing their duties. If the officers were not in uniform, did not identify themselves, or were acting in a way that made their status unclear, you may have a defense based on lack of knowledge.
Activities protected by the First Amendment, such as verbally criticizing police, expressing disagreement with an arrest, or exercising your right to remain silent, cannot form the basis for a resisting arrest conviction. Your attorney can argue that your conduct was constitutionally protected speech or expression.
Understanding why resisting arrest charges are so frequently added to cases helps explain the importance of having experienced legal representation to challenge these allegations.
Pasadena experiences a high volume of police-citizen interactions. According to recent statistics, the Pasadena Police Department received 20,796 calls by dispatch in July 2024 alone, including 9,215 calls for service and 6,024 911 calls[7]. With this many encounters, the opportunities for allegations of resistance, delay, or obstruction are numerous.
The extremely broad language of PC 148(a)(1) criminalizes conduct that many people would not consider “resisting arrest.” Going limp, asking questions, moving too slowly, or even appearing uncooperative can lead to charges. This breadth gives officers wide discretion in deciding whether to charge someone with resisting arrest.
When officers use force during an arrest and the suspect sustains injuries, resisting arrest charges provide an explanation for those injuries. By claiming the suspect resisted, officers can justify their use of force and deflect potential excessive force claims.
Officers sometimes file resisting arrest charges in retaliation for perceived disrespect, questions about their authority, or asserting constitutional rights. While such retaliatory charges are improper, they occur with unfortunate frequency.
When the underlying arrest or investigation is legally questionable, adding a resisting arrest charge can strengthen the prosecution’s position in plea negotiations. Prosecutors may use the resisting charge as leverage to pressure defendants into pleading guilty to other charges.
Resisting arrest charges can be used to cover up police misconduct, illegal searches, unlawful arrests, or excessive force. The charge shifts focus from the officers’ conduct to the defendant’s alleged resistance.
Time is critical when facing resisting arrest charges in Pasadena. The decisions you make immediately after arrest can significantly impact the outcome of your case.
Critical evidence can disappear quickly:
Your attorney can immediately take steps to preserve this evidence through spoliation letters, subpoenas, and formal requests to law enforcement agencies.
Many people arrested for resisting arrest make statements to police, family members, or on social media that damage their defense. Common mistakes include:
An attorney protects your Fifth Amendment rights and prevents you from inadvertently harming your defense.
Your attorney can work to secure your release from custody as quickly as possible through:
Remaining in custody makes it difficult to assist with your defense, maintain employment, and care for family responsibilities.
Immediate investigation by your attorney can uncover evidence and witness testimony that strengthens your defense. Early intervention may also allow your attorney to:
From your first contact with law enforcement, you have constitutional rights that must be protected:
An experienced attorney ensures these rights are protected throughout the criminal justice process.
Our approach to defending resisting arrest charges combines aggressive advocacy, thorough investigation, and strategic litigation designed to achieve the best possible outcome for our clients.
We immediately begin investigating your case, including:
Through Pitchess motions, we can obtain police officers’ personnel files to uncover evidence of prior misconduct, including:
This information can be critical in exposing false accusations and establishing that the officers are not credible witnesses.
We thoroughly analyze whether the initial stop, detention, and arrest were legally justified:
If the underlying police action was unlawful, we file motions to suppress evidence and dismiss the resisting arrest charges.
In Pasadena, many arrests are captured on video from multiple sources:
We carefully analyze all video evidence to:
When appropriate, we negotiate with prosecutors to achieve favorable resolutions:
When necessary, we take cases to trial and aggressively defend your rights:
Resisting arrest charges arise in numerous contexts, each presenting unique legal challenges and defense opportunities.
Resisting arrest charges frequently accompany DUI arrests. According to recent Pasadena Police Department statistics, there were 194 DUI arrest[3] in the reporting period. Officers may claim you resisted when you:
In DUI cases, we can argue that your alleged resistance was actually the result of intoxication affecting your balance, coordination, and ability to understand or follow commands—not willful obstruction.
The Pasadena Police Department reported 414 domestic violence incidents[3] in their recent statistics. These cases frequently include resisting arrest charges when:
Domestic violence arrests are mandatory in California when officers have probable cause, and the heightened emotions in these situations often lead to allegations of resistance.
The Pasadena Police Department conducts numerous traffic stops that sometimes result in discovery of outstanding warrants. Resisting arrest charges may arise when individuals:
The Pasadena Police Department reported 1,695 calls involving homeless individuals[3], many of whom experience mental health issues. When officers encounter individuals in mental health crises, behaviors resulting from mental illness—such as confusion, fear, paranoia, or inability to follow commands—may be mischaracterized as willful resistance.
Your attorney can present evidence of mental health issues, lack of criminal intent, and the need for treatment rather than punishment.
Beyond the immediate criminal penalties, a resisting arrest conviction creates lasting consequences that affect multiple aspects of your life.
A criminal conviction appears on background checks conducted by employers. This can result in:
Certain professions are particularly impacted:
Landlords routinely conduct background checks on rental applicants. A criminal conviction can:
While Penal Code 148(a)(1) is not classified as a crime involving moral turpitude (CIMT), non-citizens should still consult with an immigration attorney before resolving any criminal case. Any criminal conviction can potentially:
Many professional licensing boards require disclosure of criminal convictions and may:
Perhaps most significantly, a resisting arrest conviction becomes part of your criminal record, visible to every law enforcement officer who runs your name during future encounters. This can:
Successfully navigating a resisting arrest case requires understanding how the Pasadena Superior Court operates and what to expect throughout the process.
All criminal cases in Pasadena are heard at the Pasadena Superior Courthouse, 300 East Walnut Street, Pasadena, CA 91101[4], Los Angeles County Northeast Judicial District. This courthouse handles criminal matters for Pasadena and surrounding communities including Altadena, Arcadia, Monrovia, and Sierra Madre.
The courthouse operates Monday through Friday, 8:30 AM to 4:30 PM. Arriving early is essential as security screening can create long lines, and courtrooms begin hearings promptly at scheduled times.
Parking for a fee is available in the parking structure located on the southeast corner of Marengo Avenue and Walnut Street. The entrance to the structure is on 240 Ramona Street. Ceiling clearance for the parking structure is 6 feet 6 inches.
Criminal Cases – Misdemeanor:
Criminal Clerk’s Office – Misdemeanor
1st Floor / Room 103
Phone: (626) 396-3398
Criminal Cases – Felony:
Criminal Clerk’s Office – Felony
2nd Floor / Room 202
Phone: (626) 396-3393
Traffic Court:
Traffic Clerk’s Office
1st Floor / Window 1-4
Phone: (626) 396-3399
Resisting arrest cases in Pasadena are prosecuted by:
Los Angeles City Attorney’s Office: Handles most misdemeanor cases for the City of Pasadena
Los Angeles County District Attorney’s Office: Handles felony cases and some serious misdemeanors
These prosecutors are experienced and typically take aggressive positions in resisting arrest cases, particularly when officers were injured or force was used.
Several related offenses are often charged alongside or instead of Penal Code 148(a)(1):
This is a more serious offense, charged as a “wobbler” (can be filed as either misdemeanor or felony). PC 69 applies when you use force or threats to resist an executive officer in the performance of their duties. Felony convictions carry 16 months, 2 years, or 3 years in state prison.
If you use force against a peace officer, you can be charged with battery. PC 243(b) applies when no injury occurs (misdemeanor with up to one year in jail). PC 243(c)(2) applies when the officer requires medical treatment (wobbler offense with potential felony penalties).
Assault on a peace officer is charged when you have the present ability to commit a violent injury on a peace officer and take a direct step toward doing so, even if no contact occurs. This is a wobbler offense.
Providing false identification to a peace officer is a separate misdemeanor punishable by up to six months in jail and fines up to $1,000.
Resisting arrest charges frequently accompany public intoxication charges when individuals are under the influence and allegedly resist officers attempting to detain them for their own safety.
Understanding your rights during police encounters can help you avoid resisting arrest charges while still protecting your constitutional rights.
California law explicitly protects your right to photograph and record police officers in public places. Penal Code Section 148(g)[1] 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), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.”
Despite this clear legal protection, some officers still attempt to stop people from recording or claim that recording constitutes obstruction. If an officer orders you to stop recording, you can politely state “I have a legal right to record” and continue recording from a safe distance that does not actually interfere with the officers’ duties.
Yes. Despite the name “resisting arrest,” Penal Code 148(a)(1) applies to resisting, delaying, or obstructing any public officer or peace officer in the performance of their duties, not just during arrests. You can be charged for obstructing an investigation, delaying an officer’s response to a call, or interfering with any lawful police activity.
If the arrest was unlawful, you may have a defense to resisting arrest charges. However, this is a complex legal issue. You generally have the right to resist an unlawful arrest, but only with reasonable force. The safer course is to comply and challenge the arrest in court rather than physically resisting.
Yes. Courts have found that passively going limp and forcing officers to carry or drag you constitutes resistance under Penal Code 148(a)(1). While this seems counterintuitive, the statute prohibits any willful delay or obstruction of officers’ duties, and forcing them to carry you delays the arrest process.
Simply asking questions or seeking clarification should not constitute resisting arrest. However, if officers order you to do something (such as put your hands behind your back) and you continue talking rather than complying, they may claim you delayed the arrest. The best practice is to comply with physical commands while asserting your right to remain silent.
Yes. Running from police officers attempting to detain or arrest you constitutes resisting arrest. Additionally, running provides officers with reasonable suspicion to chase and detain you, even if they lacked grounds to arrest you initially.
You may have a defense based on self-defense if officers used excessive force. You have a limited right to use reasonable force to defend yourself against excessive force by police. However, this defense is difficult to establish and should be pursued with experienced legal counsel.
Yes. Depending on the circumstances and strength of the evidence, your attorney may be able to negotiate a dismissal, reduction to an infraction, or entry into a diversion program that results in dismissal upon completion.
A misdemeanor conviction remains on your criminal record permanently unless you successfully petition for expungement under Penal Code Section 1203.4. Expungement is available after successful completion of probation (or after one year if no probation was granted).
If you’re facing resisting arrest charges in Pasadena, every moment counts. You need an experienced criminal defense attorney who knows the Pasadena court system, understands California resisting arrest law, and has a proven track record of achieving favorable results for clients.
At Tu Defensor Criminalista, we provide aggressive, comprehensive defense representation for individuals throughout Pasadena and Los Angeles County. Our team has successfully defended hundreds of resisting arrest cases, achieving dismissals, acquittals, and favorable plea agreements for our clients.
Don’t wait to protect your rights and your future. The sooner you retain an experienced attorney, the better your chances of achieving a favorable outcome. Critical evidence must be preserved, witnesses must be interviewed, and your defense strategy must be developed immediately.
Contact Information:
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Languages: English & Spanish (Hablamos Español)
We proudly serve clients throughout Pasadena and surrounding Los Angeles County communities including:
We handle cases at Pasadena Superior Courthouse and throughout Los Angeles County’s court system.
In addition to misdemeanor DUI defense, we handle:
Throughout this page, we have cited various government sources, public records, and statistical data to provide accurate, reliable information about resisting arrest charges, penalties, and the Pasadena court system.
For more information about resisting arrest law, criminal defense, and the California criminal justice system, visit:
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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