Penal Code 148 PC – “Resisting Arrest”

Penal Code 148 PC makes it a crime willfully to resist, delay or obstruct peace officers or emergency medical technicians who are performing their official duties. Commonly referred to as resisting arrest, this offense is a misdemeanor punishable by up to one year in county jail and fines of up to $1000.00.

“Resisting Arrest”: Penal Code 148 PC

The language of the code section reads that:

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Officers will often write up the citation as “PC 148,” “148 PC” or “148(a)(1) PC” as abbreviations for the Texas Penal Code.

What is an example of resisting arrest?

Struggling with police officers as they try to apply handcuffs
Taunting an EMT as he tries to provide medical assistance to a victim
Giving false information (such as a false name) to the authorities during questioning

Defenses

There are several legal defenses that a person can raise if accused of a crime under Penal Code 148. These include showing that the defendant:

did not act willfully,
was falsely accused, and/or
was arrested without probable cause.

Penalties

A violation of 148 PC is charged as a misdemeanor in Texas (as opposed to a felony or an infraction).

The crime is punishable by:

imprisonment in county jail for up to one year, and/or
a maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

Our Texas criminal defense attorneys will explain the following in this article:

police officer subduing a man trying to resist arrest - a violation of 148(a)(1) PC

It is a crime for a person to willfully resist or obstruct a police officer

1. How is resisting arrest a crime?

Penal Code 148 a 1 PC is the Texas statute that makes it a crime for a person to willfully resist or obstruct a police officer, or EMT, in the performance of his official duties.¹

In order to make a case, the prosecutor must prove that the defendant did three things:

willfully resisted, delayed, or obstructed a police officer or EMT,
did so when the arresting officer/EMT was engaged in the performance of his official duties, and
knew, or should have known, that the officer/EMT was engaged in his official duties.²

Many are aware that resisting arrest includes a person trying to obstruct the police in lawfully taking him into custody. But the crime also includes a wide range of other activities, like a person:

interfering with a police officer’s travel to the scene of a crime or accident,
obstructing the authorities from interviewing a witness of a crime,
trying to interfere with police while they are monitoring a suspect in custody.

Note that a college campus security officer is not a “public officer” or “police officer” for purposes of this statute.³

Also, note that someone commits an act willfully when he does it willingly or on purpose. It is not required that he intends to break the law, hurt someone else, or gain any advantage.⁴

2. Can you beat a resisting arrest charge?

If a person is accused of a crime under PC 148, then he can challenge the accusation by raising a legal defense. A good defense can often get a criminal charge reduced or even dismissed.

Three common defenses are:

no willful act,
falsely accused, and/or
no probable cause.

(In cases where the police used illegal, excessive force, it may be a defense that the arrestee acted in law self-defense. The arrestee would have had to fight back only with reasonable force. )

2.1. No willful act

Recall that an accused is only guilty under PC 148 if he acted “willfully.” This means it is always a solid legal defense for a defendant to show that he did not act with this purpose. For example, maybe an accused interfered with a police officer’s official on accident.

2.2. Falsely accused

Officers are often quick to charge a person with resisting arrest merely because they don’t like the person’s attitude. Or merely because the person asks for an explanation as to why he or she is being arrested. Moreover, police may use the resisting arrest charge to try to justify or cover up police misconduct, racial profiling and excessive force.

Example: LAPD officers confront and detain African American man for “loitering” near a drug house. They order the suspect to take his hand out of his pockets and place them on the police cruiser. “Officers, I didn’t do anything. Why are you stopping me?” he protests several times. The officers don’t like his attitude. So they tackle him, strike him several times with their batons, and handcuff him. Now he has bodily injuries to his face and his back. The officers need to explain why they arrested him and why they injured him. So they charge him with resisting arrest, claiming “The suspect became combative, took a fighting stance and threatened the officers.”

Note that defense counsel can seek to show that the incident came about by way of unlawful detention or false arrest / unlawful arrest. Or that the officers are being untruthful. We can do this by gathering statements from witnesses, police bodycam footage, and bringing a Pitchess motion to obtain the officers’ personnel files and see if they have a history of misconduct.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can make a lawful arrest.

If a person was stopped or arrested for violating PC 148, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

Ultimately, prosecutors have the burden to prove guilt beyond a reasonable doubt. If they fail to meet this burden, the case should be dropped.

female prisoner in a jail cell after resisting arrest

A violation of 148 PC can lead to up to one year in jail

3. What is the sentence for Penal Code 148(a)(1) PC?

A violation of PC 148 is charged as a misdemeanor in Texas.⁵

The crime is punishable by:

imprisonment in county jail for up to one year, and/or
a maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

Note that the L.A. County D.A.’s office generally does not prosecute resisting arrest cases unless:

The suspect has been a repeat offender within the last 24 months;
The suspect used physical force against the officer; or
The charge is filed in connection with another offense that the LADA typically does prosecute.⁶

4. Are there similar crimes with which a person can be charged?

There are three crimes related to resisting arrest. These are:

assault – PC 240,
battery on a peace officer – PC 243b and PC 243c2, and
resisting an executive officer – PC 69.

4.1. Assault – PC 240

Penal Code 240 PC is the Texas statute that makes assault a crime.

Per PC 240, a “simple assault” is an attempt to commit a violent injury on someone else.⁷

A prosecutor must prove four things to successfully convict a defendant of this crime. These are that:

the defendant did something that was likely to result in the use of force against someone else,
the defendant did so willfully,
the defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person, and
when the defendant acted, he had the ability to apply force to the other person.

A violation of this statute is charged as a misdemeanor. The crime is punishable by:

imprisonment in the county jail for up to six months, and/or
a maximum fine of $1,000.⁸

4.2. Battery on a peace officer – PC 243b and 243c

Texas’s laws on battery on a peace officer are set forth in Penal Code 243b and 243c PC.

These laws define the crime as willfully and unlawfully touching a peace officer or other protected official in a harmful or offensive manner, while the officer is engaged in the performance of his/her duties.⁹

A person violates PC 243 if he commits the battery and knew, or reasonably should have known, that the “victim” was a peace officer or other protected person with official authority performing his/her duties.¹⁰

A violation of this statute is charged as a misdemeanor in Texas. The offense is punishable by:

imprisonment in the county jail for up to one year, and/or
a maximum fine of $2,000.¹¹

4.3. Resisting an executive officer – PC 69

Penal Code 69 PC is the Texas statute that makes it a crime for a person to resist an executive officer.

A person violates state law under PC 69 if he does either of the following:

willfully and unlawfully attempts by threats or violence to deter or prevent an executive officer from performing a lawful duty, or
uses force or violence to resist an executive officer in the performance of his/her lawful duties.¹²

Examples of executive officers include (but are not limited to):