Los Angeles Resisting Arrest Defense Attorney

Criminal Defense Attorney Jonathon Perliss
Written By
Jonathon Perliss

Resisting Arrest

Being accused of resisting arrest in Los Angeles can feel overwhelming. Even if no one was hurt, a conviction can still result in jail time, fines, probation, and a permanent criminal record. California law takes resisting arrest charges seriously, and the penalties can increase if the allegations involve violence or injury to an officer. The sooner you act to protect your rights, the better your chances are of reducing or dismissing the charges.

At Perliss Law Firm, we offer free, confidential consultations in English and Mandarin to help you understand your options from day one. Attorney Jonathon Perliss brings years of criminal defense experience and a personalized approach to each case. Our firm’s familiarity with Los Angeles County courts, prosecutors, and judges allows us to develop effective defense strategies tailored to your circumstances.

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What Is Considered Resisting Arrest in Los Angeles?

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Under California Penal Code section 148(a)(1), it is a misdemeanor to willfully resist, delay, or obstruct a peace officer or emergency medical technician performing their duties. This charge does not require physical force. Verbal obstruction or interference can also lead to arrest. In more serious cases, resisting arrest may be charged alongside assault on an officer or other felony offenses.

To prove resisting arrest, the prosecution must show:

The officer was lawfully performing or attempting to perform their duties.

You willfully resisted, delayed, or obstructed the officer.

You knew or reasonably should have known the person was an officer.

Understanding these elements is critical for building a defense, as your attorney can challenge whether the officer acted lawfully or whether your conduct truly met the definition of “resistance.”

By working with Perliss Law Firm early in the process, you gain a team that understands how to evaluate each factor of a resisting arrest charge and identify weaknesses in the prosecution’s case. 

Attorney Jonathon Perliss uses this knowledge to craft customized strategies for his clients and to give them clear, straightforward guidance about their rights and options.

Potential Penalties for Resisting Arrest in Los Angeles

Penalties for resisting arrest in Los Angeles depend on the severity of the alleged conduct and whether additional charges are involved:

Misdemeanor Resisting Arrest: Up to one year in county jail and/or fines up to $1,000.

Felony Resisting Arrest (if combined with force or injury): Possible state prison sentence and higher fines.

Probation or Diversion: In some cases, courts may allow probation, community service, or diversion programs instead of jail time.

A conviction can also have long‑term consequences, such as loss of employment opportunities, immigration issues, and a permanent criminal record. Working with an experienced defense lawyer can help you avoid or minimize these impacts.

Defense Strategies Against Resisting Arrest Charges
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Facing a resisting arrest charge can feel confusing and unfair, especially when events unfolded quickly or emotions were high.

Knowing which defenses are available to you is crucial because the right legal strategy can make the difference between a conviction and a favorable outcome. An experienced defense attorney will carefully examine the facts of your case, the officers’ actions, and any evidence collected to build a strong, tailored defense.

Here are some common defense approaches:

Unlawful Arrest or Excessive Force: Showing that the officer was not lawfully performing duties or used unreasonable force.

Lack of Willful Resistance: Arguing your actions were reflexive, accidental, or misunderstood rather than intentional.

Self‑Defense: Demonstrating that you acted to protect yourself from excessive or unlawful force.

Insufficient Evidence or Witness Testimony: Highlighting inconsistencies in the prosecution’s version of events.

Violation of Constitutional Rights: Suppressing evidence obtained through illegal searches or coercion.

By challenging the prosecution’s case and presenting mitigating evidence, your attorney can seek dismissal, charge reduction, or alternative sentencing. At Perliss Law Firm, we take the time to understand your side of the story and use our knowledge of local courts to position you for the strongest defense possible.

Statute of Limitations and Critical Deadlines

In California, most misdemeanor resisting arrest charges must be filed within one year of the incident. Felony charges generally have a three‑year statute of limitations.

Missing these deadlines can bar the prosecution from moving forward, which makes prompt legal action essential. An experienced attorney will monitor every deadline and file motions on time to protect your rights.

The Benefits of Hiring a Local Los Angeles Defense Attorney

Working with a local defense lawyer who understands Los Angeles courts gives you a strategic advantage.

Local attorneys know the judges, prosecutors, and procedures, which can help in negotiating plea deals or diversion programs and in presenting your case effectively at trial.

Perliss Law Firm is deeply rooted in the Los Angeles legal community, with years of experience representing clients in resisting arrest and other criminal matters. Attorney Jonathon Perliss has built trusted relationships within local courts and uses his insight into regional practices and decision‑makers to give his clients a meaningful edge.

This local knowledge, combined with a history of successful case outcomes, allows Perliss Law Firm to offer personalized, effective representation to anyone facing criminal charges in the area.

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Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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A Legacy of Amazing Results

CONSPIRACY & BANK ROBBERY
Not Guilty, Jury Trial
The Santa Monica branch of a major bank was robbed at gunpoint. My client worked at the bank and was charged with setting up the crime, meeting with the accomplice and teaching him how, when and where to do the robbery, and giving him the gun. My client was facing over fifteen years in prison.
DRUNK DRIVING
Not Guilty, Jury Trial
My client was prosecuted for driving with a blood-alcohol level above the legal limit. The defense maintained the police did not comply with their regulations when they administered the breath test without waiting the requisite fifteen minutes after initial detention.
KIDNAPPING-ROBBERY
Not Guilty, Jury Trial
My client was arrested while sitting in a van wearing a ski mask. There were two women tied up in the back of the van. Jewelry from the women's house was found in my client's pocket and a gun was found underneath his seat.
MURDER
Not Guilty, Jury Trial
My client was charged with first-degree murder after witnesses allegedly saw him shoot the victim. There was evidence that the victim and my client had an argument earlier that day. The defense was mistaken identity. He was facing life in prison.
PETTY THEFT/SHOPLIFTING
Not Guilty, Jury Trial
My client exited a large department store carrying a bag of stolen merchandise. He was detained by security five feet outside the store, but still inside the larger shopping mall. He claimed he panicked when he realized that his small children were missing, and he went searching for them. The children were found inside the Mall's pet shop. The prosecutor argued that my client planned the incident.
SPOUSAL ABUSE
Not Guilty, Jury Trial
My client, a police officer, was accused of pummeling his wife with his fists. The wife immediately went to the local police department to report the crime and gave a lengthy videotaped statement. My client claimed that the wife was very angry at him for what she believed was his cheating on her and she fabricated the crime.
PROSTITUTION
Not Guilty, Jury Trial
My client was charged with agreeing to a sex act with an undercover police officer. The defense was that the officer exaggerated the conversation and the client never agreed to the act.
GRAND THEFT
HUNG JURY, DISMISSED
My client was charged with first-degree murder after witnesses allegedly saw him shoot the victim. There was evidence that the victim and my client had an argument earlier that day. The defense was mistaken identity. He was facing life in prison.

Why Choose Perliss Law Firm

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Perliss Law Firm has a proven track record of defending clients against serious criminal charges throughout Los Angeles County.

We offer:

Free, Confidential Consultation: Available in English and Mandarin.

Thorough Investigation: Gathering evidence, interviewing witnesses, and reviewing police reports for inconsistencies.

Aggressive Pretrial Motions: Suppressing illegally obtained evidence and challenging improper procedures.

Trial‑Ready Advocacy: If necessary, we build a compelling defense for presentation before a judge or jury.

With Perliss Law Firm, you gain an experienced advocate who will fight for your rights and keep your best interests at the forefront of the defense strategy. 

Frequently Asked Questions About Resisting Arrest in Los Angeles
Is resisting arrest always a misdemeanor in California?

No. While most resisting arrest charges under Penal Code 148(a)(1) are misdemeanors, related conduct involving threats, force, or injury to an officer can lead to felony charges with harsher penalties.

Can I be charged with resisting arrest if I didn’t physically fight the officer?

Yes. Even delaying or obstructing an officer—such as refusing to provide identification or interfering with an arrest—can result in charges. However, the prosecution must still prove your conduct was willful and unlawful.

What if the arrest itself was illegal?

If the officer was not lawfully performing their duties or used excessive force, your attorney can argue the arrest was unlawful and move to dismiss or reduce the charges.

Will a resisting arrest conviction affect my record?

Yes. A conviction can result in a permanent criminal record, which may impact employment, housing, licensing, and immigration status. An attorney can help you pursue expungement or alternative sentencing when eligible.

How soon should I contact a defense attorney after being charged?

Immediately. Early intervention allows your lawyer to preserve evidence, interview witnesses, and begin negotiations with prosecutors before charges escalate.

Contact Our Los Angeles Resisting Arrest Defense Lawyer
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Are you being charged with resisting arrest in Los Angeles or a nearby county? Don’t wait. Take action now to safeguard your rights and your future. This isn’t just another routine charge. The outcome can shape your record, career, and freedom.

As a locally based firm with deep ties to the Los Angeles legal community, Perliss Law Firm offers free, confidential consultations in English and Mandarin. Attorney Jonathon Perliss brings years of hands-on experience handling resisting arrest cases in local courts and uses that insight to craft strong, personalized defenses for each client.

Contact us today to get clear answers about your rights, explore all your legal options, and start fighting for the best possible result.

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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