Laws Regarding Resisting a Peace Officer

It is a criminal offense to willfully resist, delay or obstruct police officers and firefighters when they are performing their duties. However, firefighters and police officers may exceed the scope of their employment, such as using unlawful force, which affects the defenses available to the defendant when charged with this offense.

Everyone who willfully resists, delays or obstructs any public officer in the discharge or attempt to discharge any job-related duty will be punished by a fine and/or by imprisonment in a county jail not to exceed one year.

Everyone who knowingly and maliciously interrupts, disrupts, impedes or interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine and/or imprisonment in a county jail not exceeding one year.

Everyone who removes or takes any weapon from a public officer will be punished by imprisonment in a county jail or in state prison not to exceed one year.

A citizen's resistance to an invalid arrest is considered self-defense. Thus, if the self-defense itself was reasonable, it is justified, and lawful. For example, if the person defended himself with his hands only, when facing rough treatment by the officer, this is reasonable. But it is unreasonable to use deadly force against such an officer. For example, using a rock or bottle to strike the officer would be an unlawful use of force, taking it out of the realm of self-defense.

If you or a loved one was arrested for resisting a peace officer, please contact an experienced attorney immediately.