Resisting an Executive Officer

By Schonauer Law on Sep 12, 2016 at 04:17 PM in What Does it Mean

Resisting an Executive Officer

The charge of “Resisting Arrest” under penal code section 148(a)(1) happens when it is alleged a person willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician in the discharge or attempt to discharge the duties of his or her office. A person who refuses, once “downtown”, to answer basic answer to questions like, “what is your name?” may be charged with resisting arrest. Resisting arrest under PC 148 is a misdemeanor.

The charge of “Resisting an Executive Officer” differs from PC 148 in two very important ways:

        (1) Resisting an Executive Officer occurs when a person allegedly:

              a. attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law; or

              b. knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty.

The definition of an executive officer is much more broad. An Executive Officer is any public employee authorized to use his or her own discretion to carry out his or her lawful duties. The range of persons includes not only law enforcement personnel such as police officers or sheriff’s deputies, but judges, district attorneys, public defenders, and elected officials.

        (2) Resisting an Executive Officer is considers a “wobbler” in that it can be charged as a misdemeanor or felony.

Sep 13, 2016 Arrow1 Down Reply
Jay Windsor

Thanks so much, Paul. Mystery solved! (I'll share this with Pam.)