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Resisting Arrest Defense Attorney in Inglewood, California

Table of Contents

A man’s hands handcuffed behind his back

Protecting Your Rights and Your Freedom

If you or a loved one has been arrested or charged with resisting arrest in Inglewood, California, you are facing serious criminal charges that threaten your freedom, your criminal record, and your future. Resisting arrest charges—whether under Penal Code 148 (misdemeanor) or Penal Code 69 (felony)—carry jail or prison time, substantial fines, and a permanent record that can devastate your employment opportunities. These charges are often added on to other offenses or filed as “cover charges” when police use excessive force or make questionable arrests, disproportionately affecting communities of color.

At Tu Defensor Criminalista, we understand that resisting arrest charges frequently arise from misunderstandings, lawful self-defense against police brutality, false accusations by officers trying to justify excessive force, or situations where you were simply trying to explain yourself or protect your rights. Many of our clients never resisted arrest at all—they were simply victims of aggressive policing, racial profiling, or officers who escalated minor situations into violent confrontations. Whether you’re charged with simple resisting, delaying, or obstructing under PC 148, or the more serious felony charge under PC 69, our experienced criminal defense team is here to provide aggressive representation to protect your rights and fight for justice.


Inglewood, with a population of approximately 102,774 residents according to the U.S. Census Bureau[1], is a predominantly Black (39-40%) and Hispanic (49-55%) community that has experienced significant issues with police use of force and misconduct. According to Police Scorecard data[2], the Inglewood Police Department recorded 8 police killings from 2013-2023 (with 50% being Black individuals), 205 incidents of less-lethal force (184 per 10,000 arrests—higher than 84% of similar departments), and 90 civilian complaints of misconduct (with only 8% ruled in favor of civilians). In November 2025, a court ruled that Inglewood PD systematically violated California’s Public Records Act[3] by failing to release use of force and misconduct records.

Statewide research shows alarming racial disparities in resisting arrest charges. According to a University of Wisconsin-Madison study analyzing 13 years of California data[4], Black people are 3.5 times as likely to be prosecuted and 3.2 times as likely to be convicted for resisting arrest compared to white people, despite Black Californians representing only 5.7% of the population. The California Racial and Identity Profiling Advisory (RIPA) Board[5] reports that Black Californians are stopped 131% more frequently and searched at rates 1.5 times higher than white individuals.


With so much at stake—your freedom, your record, your reputation—and with the reality of systemic bias in these charges, you need an attorney who understands both the law and the pattern of discriminatory enforcement. At Tu Defensor Criminalista, we provide bilingual (English and Spanish) resisting arrest defense representation throughout Inglewood and all of Los Angeles County.

Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin fighting for your rights.

Understanding California’s Resisting Arrest Laws

Penal Code Section 148(a)(1) – Resisting, Delaying, or Obstructing

PC 148(a)(1) is California’s primary “resisting arrest” statute, though it covers far more than just resisting arrest.

Definition: Every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of their office or employment.

Key Elements Prosecution Must Prove:

  1. A peace officer (or public officer/EMT) was performing or attempting to perform their lawful duties
  2. You willfully resisted, delayed, or obstructed the officer
  3. You knew or reasonably should have known the person was a peace officer performing their duties

Important Points:

“Willfully” Defined:

  • Means you acted on purpose or willingly
  • Does NOT require intent to break the law
  • Does NOT require intent to hinder officer

Physical Force NOT Required:

  • Can be charged for verbal obstruction
  • Giving false name or information
  • Refusing to comply with lawful orders
  • Passive resistance (going limp, refusing to move)
  • Fleeing or attempting to flee
  • Concealing evidence
  • Warning others about police presence

Must Be Lawful Duty:

  • If officer was acting unlawfully or using excessive force, you have RIGHT to resist
  • Unlawful detention or arrest = no PC 148 violation
  • Self-defense against police brutality = legal

Penalties for PC 148(a)(1):

Misdemeanor:

  • Up to 1 year in county jail
  • Fine up to $1,000
  • Informal (summary) probation
  • Restitution (if officer injured or property damaged)
  • Community service

Cannot Be Charged as Felony (unless circumstances warrant PC 69 instead)

Penal Code Section 69 – Resisting an Executive Officer with Force or Violence

PC 69 is the more serious “resisting arrest” charge, reserved for cases involving violence or threats.

Definition: Every person who attempts, by means of threat or violence, to deter or prevent an executive officer from performing any duty of their office, OR who knowingly resists, by the use of force or violence, such officer in the performance of their duty.

Two Ways to Violate PC 69:

1. Attempting to Deter/Prevent by Threat or Violence:

  • Threatening officer before they act
  • Trying to prevent officer from performing duty
  • Using threats or violence to deter

2. Resisting by Force or Violence:

  • Using actual force or violence against officer
  • Physical struggle with officer
  • Fighting, punching, kicking officer

“Executive Officer” Defined:

  • Police officers
  • Sheriff’s deputies
  • District attorneys
  • Judges
  • Any public officer charged with law enforcement

Key Difference from PC 148:

  • PC 148: No force or violence required
  • PC 69: Requires force, violence, or threats

Penalties for PC 69:

Wobbler Offense (prosecutor’s discretion):

Misdemeanor:

  • Up to 1 year in county jail
  • Fine up to $10,000
  • Informal probation

Felony:

  • 16 months, 2 years, or 3 years in county jail or state prison
  • Fine up to $10,000
  • Formal probation or parole
  • Permanent felony record
  • Loss of gun rights
  • Immigration consequences

Factors Affecting Charging:

  • Severity of violence
  • Officer injuries
  • Your criminal history
  • Circumstances of incident
  • Prosecutor’s discretion

Related Offenses Often Charged Together

Penal Code 243(b)/(c) – Battery on a Peace Officer:

  • Touching officer offensively or harmfully
  • Misdemeanor or felony depending on injury
  • Often charged with PC 69

Penal Code 245(c) – Assault with Deadly Weapon on Officer:

  • Using weapon against officer
  • Felony: 3-5 years prison

Penal Code 417 – Brandishing Weapon at Officer:

  • Enhanced penalties when victim is officer

Common Resisting Arrest Scenarios

Understanding how these charges arise—often unfairly:

1. Traffic Stop Escalation

Scenario:

  • Stopped for minor traffic violation
  • Ask questions about reason for stop
  • Officer interprets questions as “obstruction”
  • Situation escalates
  • Officer physically grabs you
  • You pull away reflexively
  • Charged with PC 148 or PC 69

Reality: Many resisting charges stem from lawful questioning of police authority that officers view as challenging their control.

2. Unlawful Detention or Arrest

Scenario:

  • Officer stops you without reasonable suspicion
  • You assert your rights or refuse to consent to search
  • Officer becomes aggressive
  • You attempt to leave or resist unlawful arrest
  • Charged with resisting

Defense: Right to resist unlawful arrest or detention.

3. Excessive Force by Officer

Scenario:

  • Officer uses excessive force
  • You defend yourself or try to protect yourself from injury
  • Officer charges you with resisting to justify their use of force
  • Officer’s report exaggerates or fabricates your conduct

Reality: “Cover charges” are common when officers use excessive force—they charge you with resisting to justify their violence.

4. Misidentification or False Accusations

Scenario:

  • Officer claims you did something you didn’t do
  • Witness statements contradict officer
  • Video evidence shows different story
  • Officer lies in report to justify arrest

5. Medical or Mental Health Crisis

Scenario:

  • Having medical emergency, mental health episode, or panic attack
  • Unable to comply with commands
  • Officer misinterprets condition as resistance
  • Force used against you
  • Charged with resisting

6. Language Barriers

Scenario:

  • Officer gives commands in English
  • You don’t fully understand (especially in Inglewood where 48.7% speak language other than English at home)
  • Perceived non-compliance charged as resisting
  • Cultural differences in body language misinterpreted

7. Protecting Others

Scenario:

  • Officer using force on family member or friend
  • You intervene to protect them
  • Charged with resisting or obstructing

8. Recording Police Activity

Scenario:

  • Recording police interaction with phone (your legal right)
  • Officer orders you to stop recording or seizes phone
  • You assert your First Amendment rights
  • Officer charges you with obstruction

Defending Against Resisting Arrest Charges

At Tu Defensor Criminalista, we employ comprehensive strategies:

1. Officer Not Performing Lawful Duty

Complete Defense: If officer was acting unlawfully, you cannot be convicted of PC 148 or PC 69.

Unlawful Police Conduct:

  • Illegal detention (no reasonable suspicion)
  • Illegal arrest (no probable cause)
  • Illegal search
  • Excessive force
  • Violating your constitutional rights

You have RIGHT to resist unlawful arrest or defend yourself against excessive force in California.

2. Self-Defense

Legal Defense: You can use reasonable force to protect yourself from excessive force by police.

Requirements:

  • Officer used or threatened unlawful force
  • You reasonably believed force necessary to protect yourself
  • You used only force necessary to protect yourself

Evidence:

  • Your injuries
  • Witness testimony
  • Video footage
  • Medical records
  • Officer’s history of excessive force

3. Lack of Willfulness

Defense: Your actions were not willful—they were reflexive, accidental, or unintentional.

Examples:

  • Pulling away reflexively when grabbed suddenly
  • Medical condition causing movements
  • Loss of balance interpreted as resistance
  • Involuntary muscle reactions
  • Panic or fear response

4. No Force or Violence (PC 69 Only)

For PC 69 charges, prosecution must prove force, violence, or threats.

Defenses:

  • No physical contact occurred
  • No threats made
  • Passive resistance only
  • Verbal objections don’t constitute force

If no force/violence/threats, PC 69 cannot be sustained—may be reduced to PC 148 or dismissed.

5. Lack of Knowledge Officer Was Acting

Defense: You didn’t know or reasonably couldn’t have known the person was a peace officer.

Scenarios:

  • Plain clothes officer didn’t identify themselves
  • Unmarked vehicle
  • Chaotic scene
  • Officer didn’t show badge or ID
  • Reasonable belief person was attacking you (not arresting)

6. False Accusations / Police Misconduct

Reality: Officers frequently lie in reports to justify:

  • Excessive force
  • Unlawful arrests
  • Questionable stops
  • Protecting themselves from misconduct complaints

Evidence Exposing False Reports:

  • Body camera footage (if exists and disclosed)
  • Cell phone video (yours, witnesses, bystanders)
  • Witness testimony contradicting officer
  • Your injuries inconsistent with officer’s claims
  • Officer’s history of similar complaints
  • Inconsistencies in multiple officers’ reports

7. Insufficient Evidence

Prosecution must prove guilt beyond reasonable doubt:

Challenges:

  • No video evidence
  • No independent witnesses
  • Only officer’s word
  • Conflicting accounts
  • Vague or conclusory police report

Especially powerful in “he said/she said” cases.

8. Violation of Constitutional Rights

Fourth Amendment:

  • Illegal stop
  • Illegal search
  • Illegal arrest
  • Evidence obtained illegally

Fifth Amendment:

  • Coerced statements
  • Miranda violations

First Amendment:

  • Retaliation for protected speech
  • Arrested for recording police
  • Exercising right to protest

If rights violated, charges may be dismissed.

9. Necessity or Duress

Defense: You had no choice but to act as you did.

Examples:

  • Defending child or vulnerable person
  • Medical emergency requiring immediate action
  • Fleeing greater danger
  • Acting under threat or coercion

10. Racial Bias and Discriminatory Prosecution

California’s Racial Justice Act allows defendants to challenge charges using evidence of racial disparities.

Statistical Evidence:

  • Black people 3.5x more likely prosecuted for resisting arrest
  • Pattern of discriminatory enforcement
  • Officer’s history of racial bias
  • Pretextual stops targeting people of color

We use this powerful tool to challenge unjust charges.

Inglewood-Specific Context

Pattern of Police Misconduct

According to Police Scorecard[2]:

2013-2023 Data:

  • 8 police killings (50% Black individuals despite 41% population)
  • 205 less-lethal force incidents (184 per 10,000 arrests—higher than 84% of similar departments)
  • More police shootings per arrest than 91% of similar departments
  • 63% of shootings: officers didn’t try non-deadly force first
  • 13% of people killed were unarmed
  • 90 civilian complaints (2016-2022) with only 8% ruled in favor of civilians

November 2025: Court ruled Inglewood PD systematically violated Public Records Act[3] by concealing use of force and misconduct records.

Implication: Strong history of excessive force and lack of accountability makes false “resisting” charges more likely in Inglewood.

Racial Disparities in Inglewood

Inglewood’s demographics (Census data[1]):

  • 39-40% Black/African American
  • 49-55% Hispanic/Latino
  • 48.7% speak language other than English at home

Combined with statewide data showing:

  • Black people 3.8x more likely to be arrested for resisting
  • 131% more frequent stops of Black Californians
  • 1.5x higher search rates for Black individuals

Reality: If you’re Black or Latino in Inglewood, you face dramatically higher risk of resisting arrest charges—often unjustified.

Inglewood Courthouse

Inglewood Courthouse
[6]1 Regent Street, Inglewood, CA 90301

Our Experience:

  • Regular appearances
  • Knowledge of local judges
  • Understanding of prosecutors
  • Familiarity with procedures

Immigration Consequences

For non-citizens, resisting arrest convictions create risks:

Deportability

PC 148 (Misdemeanor):

  • Generally NOT deportable offense
  • BUT can affect discretionary relief

PC 69 (Felony):

  • May be deportable as “crime involving moral turpitude”
  • Especially if violence involved
  • Can trigger removal proceedings

Inadmissibility and Good Moral Character

Affects:

  • Green card applications
  • Visa renewals
  • Naturalization
  • Immigration judge decisions

We coordinate with immigration attorneys to protect your status.

Frequently Asked Questions

Can I be convicted if the underlying arrest was illegal?

No. If the officer was not performing lawful duties (illegal detention, arrest, or use of excessive force), you cannot be convicted of PC 148 or PC 69. This is a complete defense.

What if I didn’t touch the officer?

You can still be charged with PC 148 for verbal obstruction, fleeing, or passive resistance. However, PC 69 requires force or violence—without it, PC 69 cannot stand.

Q: What if the officer lied in the report?

Very common. We investigate thoroughly, obtain all video evidence, interview witnesses, and challenge false reports. Officers’ lies can be exposed and charges dismissed.

Can I defend myself if a police officer attacks me?

Yes, you have the right to use reasonable force to defend yourself against excessive force by police, even if they’re officers. This is a recognized legal defense in California.

Will I go to jail?

For PC 148, many first-time offenders receive probation. For PC 69 felony, jail or prison is possible but we fight for probation, charge reductions, or dismissals.

What if there’s video evidence?

Video is critical. We immediately seek all body camera footage, surveillance video, and cell phone recordings. Video often proves your innocence or officer’s misconduct.

What should I do now?

1. Contact Tu Defensor Criminalista immediately: (888) 315-3326
2. Do NOT make statements to police or prosecutors
3. Preserve evidence: photos of injuries, witness contact info
4. Obtain medical treatment and document injuries
5. Do NOT post on social media about case
6. File complaint against officer if misconduct occurred

Why Choose Tu Defensor Criminalista?

1. Understanding of Police Misconduct

  • Experience challenging false police reports
  • Knowledge of Inglewood PD’s history
  • Aggressive pursuit of body camera footage

2. Civil Rights Focus

  • Protect constitutional rights
  • Challenge racial bias using Racial Justice Act
  • Fight discriminatory prosecution

3. Thorough Investigation

  • Obtain all video evidence
  • Interview witnesses
  • Document injuries
  • Research officer’s history

4. Bilingual Services (English and Spanish)

Hablamos Español. Critical for Inglewood where nearly half speak Spanish

5. Local Court Knowledge

  • Inglewood Courthouse experience
  • Know judges and prosecutors
  • Understanding facilitates defense

6. Available 24/7

  • Immediate response: (888) 315-3326
  • Emergency consultations

7. Free Confidential Consultations

  • Case review
  • Strategy discussion

Take Action Immediately

Resisting arrest charges demand immediate legal intervention to preserve evidence and protect your rights.

Your Freedom and Your Rights Are at Stake


Contact Information

Service areasServing Inglewood and nearby communities
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

Your freedom and driving privileges are worth fighting for. Call now—we’re available 24/7 to defend your rights.

Citations and Sources

  1. ACLU Southern California – Court Rules Inglewood PD Violated Public Records Act
    https://www.aclusocal.org/press-releases/court-rules-inglewood-police-department-systematically-violated-california-public-records-act/[3]
  2. California Attorney General – RIPA Board 2024 Report
    https://oag.ca.gov/news/press-releases/california-racial-and-identity-profiling-advisory-board-releases-report-2024[5]
  3. California Attorney General – RIPA Quick Facts 2024
    https://oag.ca.gov/system/files/media/ripa-quick-facts-2024.pdf[7]
  4. Police Scorecard – Inglewood, CA
    https://policescorecard.org/ca/police-department/inglewood[2]
  5. U.S. Census Bureau – Inglewood QuickFacts
    https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia/PST045224[1]
  6. University of Wisconsin-Madison – Racial Disparities in Resisting Arrest
    https://users.ssc.wisc.edu/~mtlight/assets/media/2024/07/Fact_Sheet_No.001.pdf[4]

Sources

  1. U.S. Census Bureau (census.gov)
  2. Police Scorecard data (policescorecard.org)
  3. court ruled that Inglewood PD systematically violated California’s Public Records Act (aclusocal.org)
  4. University of Wisconsin-Madison study analyzing 13 years of California data (users.ssc.wisc.edu)
  5. California Racial and Identity Profiling Advisory (RIPA) Board (oag.ca.gov)
  6. Inglewood Courthouse (lacourt.org)
  7. https://oag.ca.gov/system/files/media/ripa-quick-facts-2024.pdf (oag.ca.gov)

Client Trust & Avvo Recognition

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.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
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Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
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