If you’ve been arrested or charged with resisting arrest in Torrance, you’re facing serious criminal charges that can result in jail time, substantial fines, a permanent criminal record, and lasting consequences affecting employment, professional licenses, and your future. At Tu Defensor Criminalista, we provide aggressive, strategic legal representation to defend against resisting arrest charges and related offenses throughout Torrance and Los Angeles County.
Resisting arrest charges arise when individuals are accused of obstructing, delaying, or resisting law enforcement officers performing their lawful duties. These incidents occur throughout Torrance during traffic stops on Pacific Coast Highway, Hawthorne Boulevard, and Sepulveda Boulevard, during arrests in residential neighborhoods, at protests or public events, and during encounters in commercial areas like the Del Amo Fashion Center. Many people charged with resisting arrest were defending themselves against excessive force, didn’t understand officers’ commands, made involuntary movements, or are victims of false accusations by officers seeking to justify their own use of force. We’ve successfully defended hundreds of clients facing resisting arrest charges, achieving dismissals, acquittals, reduced charges, and favorable outcomes that protect our clients’ freedom and records.
Resisting arrest is primarily prosecuted under California Penal Code Section 148(a)(1), though several related statutes address different forms of resistance to law enforcement.
According to California Penal Code Section 148(a)(1)[1], it is unlawful to willfully resist, delay, or obstruct any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of their office or employment.
This broadly written statute criminalizes various conduct including:
Resisting – Using physical force to oppose arrest or detention Delaying – Actions that slow down or hinder officers from performing duties Obstructing – Creating barriers or impediments to law enforcement activities
To convict someone of violating Penal Code Section 148(a)(1), prosecutors must prove beyond a reasonable doubt:
The key element is that the officer must have been acting lawfully. If officers were engaged in unlawful conduct, you cannot be convicted of resisting arrest.
According to the California Courts[2], resisting arrest charges are among the most commonly filed alongside other offenses, and can be used by law enforcement to justify use of force against defendants.
Torrance, with a population of approximately 147,000 residents according to the U.S. Census Bureau[3], is served by the Torrance Police Department, which employs over 200 sworn officers responding to thousands of calls for service annually.
Traffic Stops – The most common context for resisting arrest charges involves traffic stops along Torrance’s major corridors including:
Drivers or passengers who argue with officers, refuse to exit vehicles when ordered, pull away when officers attempt to detain them, or make sudden movements can face resisting arrest charges.
The Torrance Police Department[4] operates with approximately 200 sworn officers serving the community. According to California Department of Justice[5] data, law enforcement agencies throughout California make thousands of arrests annually for resisting arrest offenses.
Officers allege resisting arrest when individuals:
Unfortunately, resisting arrest charges are sometimes filed to justify officers’ use of force against defendants, to punish individuals who challenge officers’ authority, or to add leverage in plea negotiations for other charges.
Resisting arrest under Penal Code Section 148(a)(1) is a misdemeanor offense, but convictions still create serious consequences.
Conviction of violating Penal Code Section 148(a)(1) carries:
Certain circumstances result in enhanced penalties:
Battery on Peace Officer (Penal Code Section 243(b)) – More serious than simple resisting:
Resisting Executive Officer with Force (Penal Code Section 69) – Wobbler offense:
Assault on Peace Officer (Penal Code Section 241(c)) – Can be misdemeanor or felony:
Beyond direct criminal penalties, resisting arrest convictions create lasting collateral consequences:
Employment Consequences – Criminal convictions for resisting arrest appear on background checks and can disqualify you from:
Professional Licensing – State licensing boards may deny, suspend, or revoke professional licenses based on resisting arrest convictions, particularly for:
Immigration Consequences – For non-citizens, criminal convictions can affect immigration status. While resisting arrest alone typically isn’t a deportable offense, it can impact:
The U.S. Citizenship and Immigration Services[6] considers all criminal convictions when evaluating immigration applications.
Resisting arrest charges can be defended using various legal strategies depending on case-specific facts. At Tu Defensor Criminalista, we thoroughly investigate every aspect of arrests to identify the strongest defenses.
The most powerful defense to resisting arrest charges is establishing that the officer was not lawfully performing duties at the time of alleged resistance. If the arrest or detention itself was unlawful, you cannot be convicted of resisting arrest.
We investigate the legality of officers’ actions by:
California law recognizes the right to use reasonable force to defend against unlawful arrest or excessive force by police officers. While this is a controversial defense, it is legally valid.
If officers used excessive force—force beyond what was reasonably necessary—you had the right to protect yourself. We establish excessive force through:
Resisting arrest requires willful conduct—intentional actions to resist, delay, or obstruct. If your actions were not willful, you cannot be convicted.
Involuntary Movements – Reflexive movements, muscle spasms, or involuntary reactions to pain from officers’ force don’t constitute willful resistance.
Medical Conditions – Medical conditions causing inability to comply with commands:
Panic or Fear Responses – Automatic fear responses to police, especially among communities that have experienced police violence, can cause tensing or pulling away without willful intent to resist.
Confusion About Commands – If officers gave conflicting or unclear commands, or if you reasonably didn’t understand what was required, your conduct wasn’t willfully resistant.
Officers sometimes falsely accuse individuals of resisting arrest to:
We challenge false accusations by:
Going limp, locking arms with other protesters, or refusing to walk are forms of passive resistance that, while technically fitting the statute, may result in dismissed charges or lenient sentences, especially in First Amendment protest contexts.
We argue that passive resistance:
If alleged resistance was minimal, brief, or insignificant, we argue for dismissal based on de minimis principles—that the law doesn’t concern itself with trivial matters. Examples include:
California law protects the right to record police officers performing duties in public. If you were arrested for resisting arrest while lawfully recording officers, we assert First Amendment defenses and challenge the prosecution.
If officers violated your constitutional rights, evidence may be suppressed and charges dismissed:
Understanding what happens after arrests for resisting arrest helps you navigate the criminal justice system effectively.
Following arrest in Torrance, you’ll typically be transported to Torrance Police Department facilities for booking:
Bail for resisting arrest charges typically ranges from $5,000 to $25,000 depending on circumstances and any other charges filed.
Your first court appearance occurs at the Torrance Courthouse, part of the Los Angeles County Superior Court system. At arraignment:
We strongly recommend having an attorney at arraignment to enter not guilty pleas, argue for bail reduction, and begin building your defense immediately.
Most resisting arrest cases resolve during pretrial proceedings through dismissals, charge reductions, or plea agreements.
Discovery – Prosecutors provide evidence including:
We meticulously review all evidence to identify inconsistencies, unlawful police conduct, and evidence supporting defenses.
Motion Practice – We file motions to:
Pitchess Motions – These motions seek discovery of officers’ personnel files to uncover histories of:
Evidence of officers’ misconduct patterns strengthens defenses and can result in case dismissals.
Negotiations – We negotiate with Los Angeles County prosecutors seeking:
According to the Los Angeles County District Attorney’s Office[7], resisting arrest cases are evaluated based on the totality of circumstances, and prosecutors consider officers’ conduct when making charging decisions.
If cases proceed to trial, we provide aggressive representation:
Jury Selection – We conduct voir dire to identify jurors skeptical of police testimony, open to self-defense arguments, and sympathetic to defendants.
Opening Statements – We frame defenses emphasizing unlawful police conduct, excessive force, or lack of willful resistance.
Cross-Examination – We vigorously cross-examine officers to:
Defense Case – We present evidence including:
Closing Arguments – We emphasize reasonable doubt, attack weaknesses in prosecution evidence, and argue why you should be acquitted.
If convictions occur through plea agreements or trial verdicts, sentencing determines punishment. We present mitigation evidence:
Our advocacy seeks probation without jail time, minimal fines, and outcomes protecting your record and future.
In addition to criminal defense, individuals who experienced unlawful arrests, excessive force, or civil rights violations may have civil claims against officers and the Torrance Police Department under:
42 U.S.C. Section 1983 – Federal civil rights statute allowing lawsuits for constitutional violations
California Civil Code Section 52.1 (Bane Act) – California statute providing remedies for interference with civil rights
We coordinate criminal defense with evaluation of potential civil rights claims, which can result in monetary compensation and police accountability.
No. If the arrest or detention was unlawful, you cannot be convicted of resisting arrest. The officer must have been lawfully performing duties—this is a required element prosecutors must prove.
Not necessarily. Brief, reflexive pulling away—especially in response to sudden grabbing or pain from excessive force—may not constitute willful resistance. We challenge whether conduct was truly willful and intentional.
Yes. California law recognizes the right to use reasonable force to defend against excessive force by police, though asserting this defense requires strong evidence of officers’ unlawful conduct.
You cannot be convicted if you didn’t know or reasonably should have known the person was an officer. If officers were in plain clothes, driving unmarked vehicles, or didn’t identify themselves, this defense may apply.
Generally no. First Amendment protections cover speech including protests and arguments with police. However, if verbal conduct crosses into threats, intimidation, or actively preventing officers from performing duties, charges may be filed.
Not necessarily. Many first-time offenders receive probation without jail time, especially when alleged resistance was minimal and no officers were injured. With strong legal representation, jail time can often be avoided.
Yes. Resisting arrest charges can be filed as the only charge if officers were attempting to arrest or detain you for investigation of another offense, even if that underlying offense wasn’t charged.
Video evidence is extremely valuable. We obtain all video footage including body camera, dashcam, surveillance, and bystander videos to contradict false police claims and establish defenses.
After successfully completing probation, you may petition for expungement under Penal Code Section 1203.4, which provides relief for employment purposes though doesn’t completely erase convictions for all purposes.
Recording police officers performing duties in public is constitutionally protected. We assert First Amendment defenses and challenge arrests made in retaliation for protected recording activity.
We prove excessive force through medical records documenting injuries, video evidence, witness testimony, expert analysis, and officers’ histories of complaints. The more evidence we gather, the stronger your defense.
Potentially yes. If you were unlawfully arrested or subjected to excessive force, you may have civil rights claims under federal and state law. We evaluate potential civil claims alongside criminal defense.
Time is critical in resisting arrest cases:
If you’ve been arrested or charged with resisting arrest in Torrance, you’re facing criminal charges that can result in jail time, permanent criminal records, and lasting consequences affecting your employment and future. These charges are often filed to justify police misconduct or to add leverage in plea negotiations for other offenses.
At Tu Defensor Criminalista, we provide aggressive, strategic legal representation for resisting arrest charges throughout Torrance and Los Angeles County. We understand that these charges frequently arise from unlawful police conduct, excessive force, or misunderstandings. We fight tirelessly to protect your rights, expose police misconduct, and achieve the best possible outcomes.
Don’t let resisting arrest charges destroy your future. Police officers don’t always act lawfully, and you have the right to defend yourself against unlawful conduct. Early intervention by experienced legal counsel can mean the difference between conviction and dismissal, between jail time and freedom.
Contact us today for a confidential consultation. We’re available 24/7 to provide the immediate assistance you need. Your freedom and your future are worth fighting for. Let us fight for you.
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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