Penal Code 148/ 69 – Resisting Arrest

Penal Code 148 and Penal Code 69 are separate sections of the California Penal Code that pertain to different offenses. Below is an explanation of each:

Penal Code 148: This section of the California Penal Code addresses the offense of resisting, delaying, or obstructing a public officer, peace officer, or emergency medical technician (EMT) in the performance of their duties. The law states that it is illegal to willfully resist, delay, or obstruct these individuals by using threats, violence, or any other means.The offense of resisting arrest under Penal Code 148 is typically a misdemeanor, punishable by imprisonment in county jail for up to one year and/or fines. However, under certain circumstances, such as if the resistance involves the use of force or violence, or if the person has prior convictions for resisting arrest, it can be charged as a felony with potentially more severe penalties.

Penal Code 69: This section of the California Penal Code addresses the crime of resisting an executive officer using force or threats of violence. It specifically pertains to situations where a person uses force or threats to prevent or deter an executive officer, such as a police officer, from performing their lawful duties or attempting to make an arrest. Penal Code 69 is a felony offense in California. If convicted, the penalties can include imprisonment in state prison for a specified term and/or fines. The specific penalties can vary based on the circumstances of the offense and the individual’s criminal history.