California Penal Code §69 — Resisting Executive Officer by Force or Threat
PC §69 punishes attempting — by threat or violence — to deter or prevent an executive officer from performing a lawful duty, or knowingly resisting by force or violence. Unlike PC §148(a)(1) — which criminalizes passive or non-forceful resistance — §69 requires force or a credible threat of force. It is a wobbler carrying up to 3 years in county jail as a felony.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Resisting Executive Officer by Force or Threat Cases in All LA County Courts
01 — Quick Facts
PC §69 — Resisting Executive Officer by Force or Threat at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §69 — Resisting Executive Officer |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor or felony |
| Misdemeanor Term | Up to 1 year county jail; up to $10,000 fine |
| Felony Term | 16 months, 2, or 3 years county jail (§1170(h)) |
| vs PC §148 | §148 = passive resistance; §69 = force or threat of force |
| Executive Officer | Peace officers, judges, prosecutors, corrections officers, parole/probation officers |
| Force Required | §69(a) prong 2 requires actual force; prong 1 threat may be verbal |
| Strike | Not a strike — but frequently filed with §245 assault on officer |
| Probation | Available on both misdemeanor and felony filings |
| Immigration | Not per se aggravated felony but CIMT analysis fact-specific |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §69?
What Is California Penal Code §69?
PC §69 Reads:
"Every person who 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 who knowingly resists, by the use of force or violence, the officer in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment."
— California Penal Code §69(a)
§69 covers two distinct prongs. Prong 1: attempting by threat or violence to prevent an executive officer from performing a lawful duty — the threat can be verbal, and no touching is required. Prong 2: knowingly resisting by force or violence an officer already performing a lawful duty — this requires actual force. Filing depends heavily on the officer's report and body-cam evidence.
§69 vs §148(a)(1) — The Force Line
The dividing line between §69 and §148 is force. Pulling away, going limp, or refusing to comply is §148. Kicking, swinging, biting, resisting extraction with muscular tension against the officer — the DA files §69. The choice drives whether the case is a misdemeanor cite-out or a felony arraignment with bail.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §69
Under CALCRIM 2651–2652, the prosecution must prove each element beyond a reasonable doubt.
Executive Officer Performing Lawful Duty
The target was an executive officer engaged in the performance of a lawful duty at the time.
Prong 1 — Threat/Violence to Deter
Defendant attempted by threat or violence to prevent the officer from acting.
Prong 2 — Force in Resisting
Defendant knowingly used force or violence against an officer in the performance of duty.
Knowledge of Officer Status
Defendant knew or reasonably should have known the person was a peace officer.
04 — Penalties
Penalties for PC §69 Resisting Executive Officer by Force or Threat in California
Both prongs are wobblers. Filing depends on the level of force, injury, and defendant's record.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Resisting Executive Officer — Misdemeanor | PC §69(a) | Up to 1 year county jail; up to $10,000 fine | Available | No |
| Resisting Executive Officer — Felony | PC §69(a) via §1170(h) | 16 months, 2, or 3 years county jail | Available | No |
Sentencing Enhancements
GBI on Officer
PC §12022.7
Additional 3 years for great bodily injury inflicted on the executive officer during the resistance.
Assault on Officer
PC §245(c)/(d)
Where the force meets assault-with-a-deadly-weapon or force-likely-GBI level, DAs stack §245(c) or §245(d) as a separate strike offense.
Prior Strike
PC §667(b)–(i)
Prior serious/violent felony doubles the base term on a felony §69 conviction.
Additional Consequences Beyond Prison
- Employment consequences — police contact convictions on any background check
- Immigration: CIMT analysis fact-specific; violent felony §69 supports removability
- Firearm ban: 10 years on misdemeanor, lifetime on felony
- Civil §1983 counter-suit dynamics — parallel excessive-force claims common
- Enhancement for prior serious-felony convictions
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §69 Resisting Executive Officer by Force or Threat Charges
§69 defenses focus on the lawfulness of the officer's conduct and the nature of the alleged force.
Unlawful Detention or Arrest
If the officer lacked reasonable suspicion or probable cause, the arrest was not a 'lawful duty' — collapsing the case entirely.
4th Amend.
Excessive Force by Officer
Reasonable resistance to excessive force is lawful self-defense — People v. Curtis (1969), People v. Bernal (2019).
Self-Defense
No Actual Force
Passive resistance — pulling away, muscular tension, going limp — falls under §148, not §69.
Reduction
Body-Cam Impeachment
Officer reports often overstate the resistance; body-cam footage frequently contradicts the narrative on the report.
BWC
PC §17(b) Reduction
Felony §69 wobblers are reduced to misdemeanor at plea or after successful probation, restoring gun rights and reopening §1001.95 diversion.
Constitutional Sources
07 — Court Process
How PC §69 Resisting Executive Officer by Force or Threat Cases Move Through Los Angeles Courts
§69 cases move quickly; body-cam and MDT data drive resolution.
- 1
Step 1 — Arrest & Booking
Almost always a physical-custody arrest with parallel §148/§243 counts.
- 2
Step 2 — Arraignment
Bail set based on injury allegations and any prior record.
- 3
Step 3 — BWC Discovery
Body-worn-camera footage is the central piece of discovery — often obtained within 30 days.
- 4
Step 4 — PX / Prelim (Felony)
Prosecution must show probable cause on force and lawful-duty elements.
- 5
Step 5 — PC §17(b) Motion
Reduce felony wobbler to misdemeanor after PX or as part of plea.
- 6
Step 6 — Plea or Trial
Trials turn on body-cam v. testimony; pleas often to §148 with no §69 sustaining count.
Los Angeles Courts That Handle PC §69 Resisting Executive Officer by Force or Threat Cases
§69 filings occur in every LA County criminal courthouse.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Resisting Executive Officer by Force or Threat Defense Attorney
Daniel S. Rubin has defended clients charged with resisting executive officer by force or threat 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 §69 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Resisting Executive Officer by Force or Threat Cases Throughout LA County
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09 — FAQs
PC §69 Resisting Executive Officer by Force or Threat Questions — Los Angeles
What's the difference between PC §69 and PC §148?
§148 covers passive or non-forceful resistance (running, pulling away, going limp). §69 requires force or a credible threat of force against an executive officer.
Is PC §69 a strike?
No — §69 alone is not a serious or violent felony. But it is frequently charged with §245(c) assault on officer, which is a strike.
Can I resist an unlawful arrest?
California law permits reasonable resistance to excessive force but generally requires submission to arrest even when the officer lacks probable cause — the challenge is later, in court.
Will body-cam footage help my case?
Almost always. Body-worn-camera video frequently contradicts the level of force described in the officer's report, and can eliminate the §69 count entirely.
Available 24/7 — Free Consultation
Charged With PC §69 Resisting an Officer?
Body-cam evidence changes §69 outcomes. Rubin Law, P.C. gets it, reviews it, and uses it — (213) 723-2337.