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What are some possible punishments that a person can face being charged with resisting arrest

Oakland, CA |

I was recently charged with resisting arrest. However, i never resisted physically or verbally. The moment he told me i was being put under arrest, i had complied with all his requests such as placing my hands behind my back, spreading my legs apart for a pat down. Long story short, i was never arrested for any criminal charges nor was i cited for anything other than a traffic infraction of unsafe lane change, failure to signal.

Attorney Answers 3

  1. If you were "charged" with resisting, then you were "arrested". Many people associate the term "arrested" with going to jail. This isn't always the case. If you were detained for a criminal investigation and subsequently charged with a criminal offense, many times that is considered arrested. In lieu of going to jail, you receive a "Notice Of Appearance" requiring you to appear in court. It will go down on your criminal record unless you later have the incident sealed. Of course the issue of whether or not you actaully resisted and can be convicted of this charge is a different question. It is likely you will need to set up a court date. Contact a lawyer in your area to review your file.

  2. In California, Penal Code Section 148 is a misdemeanor. The maximum punishment is six months in jail. Penal Code Section 69 is a felony, and can be punished by up to a year in jail or up to three years in prison. It is very rare for a first time offender to receive the maximum sentence. Only an experienced local criminal defense lawyer who has reviewed your file and is familiar with your local courts and prosecutors can help you determine if any defense applies or if any specific plea bargain is acceptable. If you cannot afford an attorney, you have the right to a public defender when you get to court.

  3. If you have not been summoned to court to appear to answer charges, then you have not been charged with a crime. Your ticket will most likely have a date on it. If the only ticket you received was for the traffic incident, then you may not have been charged with a crime. The state has to go through a formal charging process in order to initiate a criminal prosecution. You may want to contact a local attorney for a free consultation in order to check up on the status of your case.

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