Last Updated on January 31, 2025
Resisting arrest is a crime under 148(a) (PC), but some people go beyond just struggling against an arresting officer and instead attempt to use threats or violence to avoid arrest. When this happens, it is a violation of California Penal Code section 69 (PC), which prohibits preventing an executive officer from the performance of their duties. If you have been charged with resisting an executive officer, please call a defense attorney as soon as possible to help you fight these serious charges.
What Are the Elements of 69 (PC)?
To be guilty of this crime, the prosecution must prove that the defendant either:
- illegally attempted to prevent an executive officer from performing their duties
- resisted an officer trying to perform their duties
When the offense involves attempting to obstruct an executive officer from performing their duties, it can be done through either violence or the threat of violence. Resisting an officer under this crime must involve force or violence. In either situation, your actions must be intentional, and you must have known the officer was in the process of performing a duty.
What is an Executive Officer?
Not to be confused with a “peace officer,” which can include a variety of government officials, including lifeguards, firefighters, and nurses, an “executive officer” is a public employee connected to the court system. Examples of executive officers include:
- Police officers
- Sheriff deputies
- Members of the US Coast Guard
- Highway Patrol officers
- Judges
- Bailiffs
- District Attorneys
- Public defenders
- Elected officials
What’s the Difference Between Resisting Arrest and Resisting an Executive Officer?
While these two charges are similar, there are some essential distinctions. Firstly, 69 (PC) is not limited to only law enforcement officers. If someone physically obstructs a state senator from entering the capital for an important vote, they would be guilty of this offense.
Beyond that, resisting arrest charges are typically limited to cases where individuals struggle not to be handcuffed, placed in holding cells, or otherwise arrested. When someone uses force or violence against an arresting officer, they will typically be charged with resisting an executive officer, which is a more serious offense.
You do not need to be the one being placed under arrest to be charged with either of these crimes. If someone threatens to break a CHP officer’s leg if he arrests their spouse, this would still be a violation of 69 (PC).
Similarly, it’s critical to note that you cannot be charged with either offense for attempting to legally record images, videos, or photographs of police officers.
Penalties for Resisting an Executive Officer
This offense can be charged as a misdemeanor or felony, depending on the circumstances. As a misdemeanor, the charge is punishable by up to one year in jail and a $10,000 fine. Cases that result in even minor injuries are typically filed as felonies. As a felony, the charge is punishable by up to 3 years in prison. Probation may be granted at the judge’s discretion rather than a jail or prison sentence.
Fighting the Charges
There are many defenses to this offense, but it is essential to discuss your case with a criminal attorney before attempting to fight the charges, or you may say something that could harm your defense later. One of the strongest defenses to this crime, though often difficult to successfully argue, is to claim that the officer was not lawfully performing the duties of their position. For example, if a police officer was trying to obtain a bribe from someone, they would not be legally performing their duties.
Similarly, you can claim that you were acting in self-defense or to defend another person in some cases. However, when the case involves a police officer performing a legal arrest, this defense will not work. You can only claim self-defense against a police officer if they were using excessive force or performing an illegal arrest.
You may also be able to argue that your actions were not purposeful. For example, if you tripped and fell on a police officer attempting to arrest your friend, you did not intentionally obstruct them in their duties.
Alternatively, you may be able to argue that you did not realize the victim was an executive officer attempting to perform their duties. For example, if you were trying to block someone from entering a building because you were picketing outside, you would not be guilty of this crime if you did not realize they were an executive officer attempting to perform their job.
In some cases, your attorney may be able to question whether the charges apply based on whether or not the victim was actually considered an executive officer.
Related Criminal Offenses
Those charged with this crime may be accused of other criminal activities as well. Aside from resisting arrest, many people accused of this offense may also be charged with assault and battery or a police officer. If the act was related to an attempt to get someone released from custody after they were already placed under arrest, the defendant could be charged with rescuing a prisoner under 4550 (PC). Similarly, if they caused a riot in an attempt to get someone released, they could be charged with 405(a) (PC), taking a person from custody by a riot.
If you have been charged with resisting an executive officer, please call a criminal defense attorney immediately. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050. He guarantees all clients will receive high-quality representation at affordable costs.
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