California Penal Code §148(a)(1) — Resisting, Delaying, or Obstructing a Peace Officer
PC §148(a)(1) is the most commonly filed 'resisting arrest' statute in California. It is a misdemeanor punishing anyone who willfully resists, delays, or obstructs a peace officer or EMT engaged in the lawful performance of duty. Maximum sentence is 1 year county jail and $1,000 fine. Lawfulness of the officer's conduct is an element — an unlawful arrest cannot support a §148 conviction (In re Manuel G.). Distinct from PC §69 (felony resisting with force or threat).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Resisting, Delaying, or Obstructing a Peace Officer Cases in All LA County Courts
01 — Quick Facts
PC §148(a)(1) — Resisting, Delaying, or Obstructing a Peace Officer at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §148(a)(1) — Resisting, Delaying, Obstructing a Peace Officer |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 1 year county jail; up to $1,000 fine |
| Officer's Lawful Conduct | Element — unlawful arrest defeats §148 (In re Manuel G.) |
| vs PC §69 | §69 is felony resisting with force or threat — 16 mo, 2, or 3 yrs; wobbler |
| vs §148(d) | §148(d) is misdemeanor removing/attempting to remove firearm from an officer — up to 4 yrs |
| PC §1001.95 Diversion | Routinely granted on first-offense §148 |
| Excessive Force Bar | Under Susag v. City of Lake Forest, unlawful excessive force by police can invalidate §148 conviction |
| Companion Charge | Most-common companion to primary offense in LA County filings |
| Immigration | Not typically a CIMT — but conduct-dependent |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §148(a)(1)?
What Is California Penal Code §148(a)(1)?
PC §148(a)(1) Reads:
"Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician… 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."
— California Penal Code §148(a)(1)
§148 is the misdemeanor 'resisting arrest' statute, but the offense is broader — it also covers delaying, obstructing, and interfering with any peace officer or EMT in lawful duty. It is charged as a companion count in a huge share of LA County misdemeanor filings. Winning §148 often turns on the lawfulness of the underlying officer conduct.
Resist / Delay / Obstruct — Three Separate Theories
Resist: physical or forceful non-compliance short of §69's force-or-threat element. Delay: prolonging officer action (giving false name, walking away). Obstruct: interfering with officer duty (hiding a suspect, refusing to move from a scene). All three theories share the same 1-year max but implicate different defenses.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §148(a)(1)
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 2656).
A Peace Officer or EMT Was Engaged in Duty
The officer was performing a peace-officer duty at the time.
The Officer's Conduct Was Lawful
The performance of duty was lawful — an unlawful arrest or unlawful detention cannot support §148 (In re Manuel G. (1997))
Defendant Willfully Resisted / Delayed / Obstructed
Defendant acted intentionally, not accidentally.
Defendant Knew the Person Was a Peace Officer
Defendant knew or reasonably should have known the person was a peace officer performing duty.
04 — Penalties
Penalties for PC §148(a)(1) Resisting, Delaying, or Obstructing a Peace Officer in California
§148 penalty is capped at misdemeanor treatment but implicates broader consequences.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §148(a)(1) — Resisting / Delaying / Obstructing | PC §148(a)(1) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| §148(d) — Removing Firearm from Officer | PC §148(d) | Wobbler — up to 1 yr jail or 16/2/3 state prison | Available | No |
| §69 Felony Resisting | PC §69 | Wobbler — up to 1 yr jail or 16/2/3 county prison | Available | No |
Related Provisions
§148.5 False Report
PC §148.5
Filing a false police report — misdemeanor, up to 6 months county jail.
§148.9 False Identification
PC §148.9
Giving a false name to a peace officer during a lawful detention — misdemeanor.
§243(b) Battery on Officer
PC §243(b)
Simple battery on a peace officer engaged in duty — misdemeanor, up to 1 year jail.
Additional Consequences Beyond Prison
- PC §1001.95 diversion available on first-offense §148 — case dismissed on completion
- Rossi civil-rights implications: unlawful-arrest defense can support later §1983 civil suit against the officer
- Immigration: not typically CIMT, but flight and false-name theories can trigger CIMT analysis
- Employment: peace-officer / security-guard careers implicated on any §148 conviction
- Companion count: virtually every LA County misdemeanor filing includes a §148 count — negotiating dismissal often the entire defense strategy
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §148(a)(1) Resisting, Delaying, or Obstructing a Peace Officer Charges
§148 defenses attack lawfulness, willfulness, and knowledge.
Officer Conduct Was Unlawful (In re Manuel G.)
The single strongest §148 defense. If the underlying arrest, detention, or entry was unlawful, §148 cannot stand — the officer was not 'lawfully' engaged in duty.
Manuel G.
Excessive Force (Susag Doctrine)
Unreasonable/excessive force by police invalidates the lawfulness of duty performance and defeats §148 (Susag v. City of Lake Forest).
Susag
Not Willful
Reflexive tensing during handcuffing, medical episode, panic response, and intoxication-induced confusion negate willful resistance.
Mens Rea
No Knowledge of Officer Status
Plainclothes officer, no visible badge, unmarked vehicle — defendant did not know or reasonably could not have known.
Knowledge
PC §1001.95 Diversion
Judicial misdemeanor diversion — case dismissed on completion; arrest sealed under §851.87.
AB 3234
Constitutional Sources
07 — Court Process
How PC §148(a)(1) Resisting, Delaying, or Obstructing a Peace Officer Cases Move Through Los Angeles Courts
§148 usually appears as a companion count to a primary offense.
- 1
Step 1 — Report / Body-Worn Camera Review
LAPD/LASD body-cam footage is the single most important piece of §148 evidence.
- 2
Step 2 — Filing Decision
City Attorney files misdemeanor complaint alongside the primary offense.
- 3
Step 3 — Arraignment
OR release routine; §1001.95 diversion motion often filed at first appearance.
- 4
Step 4 — Discovery / Pitchess Motion
Pitchess motion for officer misconduct records — key to establishing pattern for Manuel G. lawfulness challenge.
- 5
Step 5 — PC §1538.5 Suppression
If underlying arrest was unlawful, suppression motion supports Manuel G. challenge to the §148.
- 6
Step 6 — Diversion / Negotiation
§148 count is frequently dismissed as part of a global plea to the primary offense.
- 7
Step 7 — Trial
Video-heavy trial where body-cam authentication and use-of-force analysis dominate.
- 8
Step 8 — Sentencing
Community service, anger management, restorative-justice programming typical.
Los Angeles Courts That Handle PC §148(a)(1) Resisting, Delaying, or Obstructing a Peace Officer Cases
§148 is heard on misdemeanor calendars countywide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Resisting, Delaying, or Obstructing a Peace Officer Defense Attorney
Daniel S. Rubin has defended clients charged with resisting, delaying, or obstructing a peace officer and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §148(a)(1) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Resisting, Delaying, or Obstructing a Peace Officer Cases Throughout LA County
See our full Resisting, Delaying, or Obstructing a Peace Officer defense practice
09 — FAQs
PC §148(a)(1) Resisting, Delaying, or Obstructing a Peace Officer Questions — Los Angeles
Can I be convicted of §148 if the arrest was unlawful?
No. In re Manuel G. (1997) holds that lawfulness of the officer's conduct is an element of §148. An unlawful arrest, unlawful detention, or unlawful entry cannot support a §148 conviction — this is the strongest §148 defense.
What is the difference between §148 and §69?
§148 is misdemeanor resisting — non-forceful resistance, delay, or obstruction. §69 is felony resisting by force or threat of force. The difference between them is force.
Is §148 divertible?
Yes. PC §1001.95 judicial diversion is routinely granted on first-offense §148 — case dismissed and arrest sealed on completion.
Does excessive force by police defeat §148?
Yes, in California — Susag v. City of Lake Forest holds that unreasonable/excessive force renders the officer's conduct unlawful and defeats §148. This also supports a parallel 42 USC §1983 civil-rights claim.
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Charged With PC §148 Resisting Arrest?
§148 is the most commonly filed misdemeanor companion count in LA County — and the most winnable. Rubin Law, P.C. wins §148 cases at Manuel G. lawfulness challenges. Call (213) 723-2337.