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"Resisting an executive officer". In non LE laymans terms. Is that the same as resisting arrest?
Read it in this mornings paper.
Thank you.
Read it in this mornings paper.
Thank you.
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Section 69(a) PC:
Executive officer essentially means an LEO (although I think there are some first responders that also fall into this too). The crux of this section is in bold. 148(a)(1) PC is more passive levels of resistance and is a misdemeanor. 69 PC typically involves violence an injury to an officer and is a felony.69. (a) 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."Far and away the best prize life has to offer is the chance to work hard at work worth doing." - Theodore Roosevelt
Originally posted by rmorris7556 -
The incident I read in the paper definitely included, "resisting using force or violence".knowingly resists,by the use of force or violence, the officer, in the performance of his or her duty,
It was in reference to a traffic stop that went sideways when a passenger jumped out with a pistol and pointed it at officers. Resulting in an OIS. So PC 69(a) was in play.
I had just never heard it referred to as "resisting an executive officer".
Thank you Sir.Comment
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^^^^A pretty good answer here^^^^^
69 PC is a felony. It requires that the person attempt to prevent, or actually prevent the officer from performing some duty through the threat of violence, or the actual use of violence.
Because of the "attempted" language, a person can violate section 69 without actually using any violence.
148 PC can be a felony or a misdemeanor depending on the circumstances. The most commonly used provisions of 148 PC are those that prohibit the resistance, obstructing or delaying, an officer in the performance of their duty. Violation of that provision is a simple misdemeanor.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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148 can be anything from running away to getting dumped on the ground. 69pc is threats to an leo to a violent physical encounter. if you get a 69pc charge the DA is gonna destroy you. I had a drunk bum threaten my family and myself and he got 9 months. Your basically done with a 69 pc charge.Comment
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If only... last guy I charged with PC69 got time served (three weeks IIRC) + probation. AAAND he was already facing two unrelated felony charges (had warrants and that is why he ran/fought with me). I was okay with it, though, he was high on meth and once he came off his high he actually apologized for his behavior/fight in which we both wound up getting treated at the hospital. I can respect a guy who at least knows when he screws up, doesn't cry about his injuries obtained during a fight he started, and apologizes like a man when it is all said and done.Stay classy, CGF and Calguns.Originally posted by bwieseComment
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