resistencia-al-arresto

California Penal Code 148 PC establishes as a crime the intentional resistance or obstruction of a police officer or emergency medical technician in the performance of their professional duties. The statute reads as follows:

“Any person who willfully resists, obstructs, or delays any public official, peace officer, or emergency medical technician in the performance of his or her duties or in the attempt to perform any employment duty shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment.”

Essentially, this code prohibits individuals from obstructing or resisting law enforcement authorities and emergency medical technicians while they are performing their lawful duties. Compliance with the penal code is essential to maintaining peace in society and ensuring that no one is above the law.

The elements that must be proven to convict someone under Penal Code 148 PC include:

1. That the defendant willfully resisted or obstructed a police officer or emergency medical technician.
2. That this occurred while the officer or technician was performing his duties.
3. That the defendant knew or should have known that the officer or technician was performing his or her job legally.

There are several legal defenses that can be used if someone is charged under this statute, such as:

1. Lack of deliberate intent: The defendant may argue that he or she did not act intentionally to resist or obstruct authorities, as in cases of accidental interference.
2. False accusation: Sometimes people are falsely accused due to jealousy, envy, or other personal motives. In such cases, proving a false accusation can be an effective defense.
3. Lack of probable cause: The Fourth Amendment to the United States Constitution requires police to have probable cause to detain or arrest a suspect. If probable cause doesn't exist, evidence obtained after an unlawful stop could be excluded from the case, which could result in the reduction or dismissal of the charges.

In short, California Penal Code 148 PC prohibits intentionally resisting or obstructing authorities while they are performing their professional duties. Those facing charges under this code have the right to present legal defenses to challenge the charges against them.