In order to be found guilty of this offense, a prosecutor must prove that a person knowingly and willfully obstructed, delay or resisted a peace officer in the performance of his or her duties. This offense can only be charged as a misdemeanor.
Potential Penalties for Resisting Arrest
• Jail Time (Up to 1 Year)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Excessive Force by Police
• Illegal Detention or Arrest by Police
• Lack of Knowledge that Accuser is a Peace Officer
• Accident
• Duress
Defense Criminal Attorney San Mateo County Redwood City Resisting Arrest
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