What Is Resisting An Officer | Amin Law

Resisting Arrest - Penal Code 69 PC - California

Penal Code 69 PC – Resisting an Executive Officer

This section is closely related to the crime of CA PC 148 resisting arrest, but PC 69 is a more serious offense because it involves the use of threats of violence. The section also applies to a broader set of executive duties than just making an arrest.

The issue of resisting the police has gained a great deal of attention after the George Floyd killing and subsequent protests over racial injustice and police abuse.

Penal Code 69 PC – Elements

The prosecutors will have to prove the following:
1. D tried to prevent an executive officer from performing his duties, or
2. resist an executive officer in the performance of his duties.

An executive officer is defined as a government official who may use his own discretion in performing his duties. For example:
· Police officers and sheriffs;
· Judges;
· Government prosecutors and defense attorneys; and
· Other elected officials.

Penal Code 69 PC – Defenses

Three main defenses:

1. The officer’s conduct was unlawful: An officer must be performing some lawful duty in order for a defendant to be found guilty under. The D must show that, while s/he may have interfered with an officer, that officer was acting unlawfully. A peace officer is not lawfully performing his duties if s/he is: (i) unlawfully arresting or detaining someone, or (ii) using unreasonable or excessive force in his or her duties. This defense will require the defense to file what is known as a Pitchess motion: This is a request for information contained in a law enforcement officer’s personnel file. The motion should be filed when the defense believes their client has been a victim of police misconduct.

2. Self-defense: If a defendant resisted an executive officer who was using excessive force against him, the accused is entitled to exercise his right to defend himself in accordance with the law. The force used has to be reasonable under the circumstances.

3. No executive officer: The code applies only to executive officers. This means it is a valid defense for an accused to show that the alleged victim does not meet the definition of an executive officer.

Penal Code 69 PC – Penalties

A violation of PC 69 is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the offense is punishable by:
· misdemeanor (or summary) probation,
· up to one year in county jail, and/or
· a maximum fine of $10,000.

If charged as a felony, the offense is punishable by:
· felony (or formal) probation,
· up to three years in county jail, and/or
· a fine of up to $10,000.

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