FAQs
California Penal Code § 148(a)(1) PC makes it a crime willfully to resist, delay or obstruct peace officers or EMTs who are performing their official duties. This offense is a misdemeanor punishable by up to one year in county jail and fines of up to $1000.00.
What is the penalty for running from police in California? ›
Vehicle Code 2800.1 for evading an officer is a misdemeanor. As such, it carries a maximum penalty of not more than one (1) year in the county jail and a fine of up to $1,000 dollars, a lesser penalty than the more serious § 2800.2 Felony Reckless Evading which can be charged as a misdemeanor or a felony.
What is Section 148 A of the California Penal Code? ›
Resisting Arrest under California Penal Code Section 148(a) PC is a broadly defined criminal offense that makes it illegal to intentionally resist, delay or obstruct a law enforcement officer or emergency medical technician from performing his or her lawful duties.
What is the penalty for obstruction of justice in California? ›
Criminal Penalties for Obstruction of Justice in California
Criminal penalties in LA for a conviction on obstruction of justice charges are serious, and depend on whether you are charged with a misdemeanor or felony. You may be sentenced to up to 5 years in prison along with substantial fines.
Is PC 148 a crime of moral turpitude? ›
Moral Turpitude Crime: Resisting arrest charged under PC 148(a)(1) is not considered a crime of moral turpitude for purposes of immigration consequences.
What is the difference between PC 69 and PC 148? ›
California Penal Code §69 prohibits the use of threats or violence to keep executive officers from doing their jobs. It is closely related to resisting arrest under California Penal Code §148(a)(1). Unlike resisting arrest under Penal Code §148(a)(1), however, PC §69 requires actual violence, or a threat of violence.
What happens if you run from the cops and get away? ›
Evading a police officer under Section 2800.1 is a misdemeanor crime. You can be fined up to $1,000 and sent to jail for 1 year. If you serve a lesser sentence, you might be on probation for a period of time. Whether you're dealt jail or probation, your freedom will be severely limited.
How to beat a felony evading charge in California? ›
Another defense to felony evading arrest is if you can claim that you didn't see the police were chasing you, you didn't see the lights or hear the sirens. Sometimes they don't put the lights and siren on right away.
Can you refuse to exit your vehicle in California? ›
If you're driving and need to pull over, do not stop your vehicle in a way that obstructs traffic. It would be best to look for a safe area to pull over. Likewise, do not exit your vehicle unless asked explicitly by an officer. You should never throw anything out of the window when pulled over.
What is 148 in law? ›
Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
California Penal Code 148(g) PC states that photographing or recording law enforcement does not constitute resisting or obstructing a police officer as long as the officer is in a public place or the person with the camera has the right to be there. The police may not detain or arrest the person merely for taping them.
What is PC 148.9 A? ›
PC 148.9 says, “(a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court or to ...
What is an example of obstruction of justice? ›
Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others.
What is the penal code section 148? ›
California Penal Code (CPC) §148(a)(1) – Resisting Arrest – The crime of Resisting Arrest occurs in California whenever a person resists or delays officers who're performing duties of their positions. Section 148(a)(1) also applies to efforts to prevent emergency technicians from doing their jobs.
What is obstructing the end of justice? ›
The crime of defeating or obstructing the course of justice consists of unlawfully and intentionally engaging in conduct which defeats or obstructs the course or administration of justice.
What is 148.9 a 1 PC California? ›
Penal Code 148.9 PC - Busted for giving cops a false ID? Penal Code § 148.9 PC makes it a crime to provide false identification to a California police officer. Doing so is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00.
What is unlawful possession of a firearm in California? ›
California Gun Laws: Possession
Anyone who has been convicted of a felony cannot possess a gun. Individuals under 18 years of age may not purchase or possess a firearm (with few exceptions) People addicted to narcotic drugs may not possess guns. People with 2 or more gun-related misdemeanors may not possess guns.
What is the penalty for harboring a fugitive in California? ›
Penal Code § 32 PC defines the crime commonly known as being an “accessory after the fact“. This involves knowingly harboring, concealing, or aiding a felon, in order to protect the person from arrest, trial, conviction, or sentencing. A conviction is a felony that can lead to up to three years in state prison.
What is the PC for possession of unregistered firearm in California? ›
PC 25850(a)/PC 25850(c)(6): These sections involve a non-registered person possession of the loaded firearm. Carrying a loaded firearm by a non-registered person makes the charge a wobbler offense, meaning you can be charged with this section as a misdemeanor or as a felony charge.