Under California Penal Code 69 PC, it is prohibited from attempting, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon an officer by law in the performance of his duty, or who knowingly resisting, by the use of force or violence, an officer.
Actually, California Penal Code 69 PC relates to two different offenses:
– attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law
– resisting by force or violence an officer in the performance of his or her duty.
The Prosecutor, in order to prove the defendant’s guilt, must prove the following elements of the crime:
1. The defendant unlawfully used force or violence to resist an executive officer;
2. When the defendant acted, the officer was performing his or her lawful duty;
3. When the defendant acted, he or she knew the executive officer was performing his or her duty.
It should be mentioned that the offense can be committed only willfully and unlawfully by means of threats or violence.
Under California law, an executive officer is considered to be a government official who may use his or her own discretion in performing his or her job duties.
It has to be noted that if an officer unlawfully arrests or detains someone or uses unreasonable or excessive force in his or her duties, it is not supposed to lawfully performing the duties. It is the prosecutor who has the burden of proving beyond a reasonable doubt that the executive officer was acting lawfully in performing his or her duties. If the Prosecutor does not meet this burden, the court must find the defendant not guilty of committing of the offense with lawful performance as an element.
A peace officer is not lawfully performing his or her duties if he or she is unlawfully arresting or detaining someone or using unreasonable or excessive force when making or attempting to make an otherwise lawful arrest or detention.
Your experienced and professional attorney can use various defenses in order to defend your rights on resisting an Executive officer (California Penal Code 69 PC). Below we present the most common defenses which can prove the innocence of the defendant or reduce the charge:
It should be noted that an arrested is considered to have used reasonable force when:
– he or she uses that degree of force that he or she actually believes is reasonably necessary to protect himself or herself from the officer’s use of unreasonable or excessive force;
– he or she uses no more force than a reasonable person in the same situation would believe is necessary for his or her protection.
According to California Penal Code 69 PC, the crime of “resisting an executive officer” is considered to be a “wobbler”. That is to say, the defendant can be charged with whether a misdemeanor or a felony depending on a criminal history of the person as well as specific circumstances of the offense.
If a person is convicted of misdemeanor resisting an executive officer, he or she risks to be sentenced up to one year in a county jail and be required to pay a maximum $10,000 fine. A conviction for a felony resisting an executive officer can result in up to sixteen (16 months), or two (2) or three (3) years in the in state prison and the same fine.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning criminal charges in California for free. Do not hesitate to contact us!
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California Penal Code 69 PC
69. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his 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.