Resisting arrest is one of those charges that sounds pretty simple, but actually covers a much wider range of behaviors than its wording implies. The majority of people charged with resisting arrest in Santa Clarita find themselves in that situation as a result of pretty straightforward circumstances. For example, if Santa Clarita Sheriff Station deputies try to arrest them, and the suspect either tries to escape, resisting arrest charges are often pressed. However, a person can also be charged with resisting arrest if they willfully resist, delay or otherwise obstruct an EMT in the commission of their duties.
As you can probably imagine, most people don’t attempt to stop an EMT from performing their duties; which often entail saving someone’s life. It’s likely that the duties of EMTs were given protection under this law to give police legal authority to remove “looky loo” bystanders whose curiosity gets the better of them.
Covered under California Penal Code 148 (a)(1) PC, California’s resisting arrest law makes it illegal for an individual to willfully resist, delay or otherwise obstruct police or EMTs from the commission of their duties. This can be either directly doing so by struggling when police attempt to put handcuffs on you, running and hiding from the police. There are also some indirect ways in which someone who wasn’t even being arrested can in-turn find themselves being charged with violating 148 (a)(1) PC:
- Those who badmouth and jeer at police attempting to arrest a friend of theirs, or
- Giving a false name to police when being questioned in regards to a crime
In 2015, the State of California clarified 148 (a)(1) PC to state that filming or recording a police officer who is arresting someone does not necessarily constitute resisting arrest. The determining factors will be whether or not the police officer was in a public space, and whether or not the bystander was in a place that they have a right to be.
Resisting arrest is a misdemeanor charge, and carries the possible penalties of summary probation, up to 1-year in county jail and/or a fine of up to $1,000.
