Interfering with Discharge of Duty by Fireman or Emergency Rescue Personnel, California Penal Code Section 148.2

Firefighters and other emergency rescue personnel are trained to respond to emergency situations quickly and efficiently. Interfering with the discharge of duty by a fireman or emergency rescue personnel is a misdemeanor, which carries a wide range of consequences, including custody time, a fine, as well as potential collateral consequences. This is a serious accusation and is not something that anyone would want to have on their record.

California Penal Code section 148.2, states that:

“Every person who willfully commits any of the following acts at the burning of a building or at any other time and place where any fireman or firemen or emergency rescue personnel are discharging or attempting to discharge an official duty, is guilty of a misdemeanor:

1. Resists or interferes with the lawful efforts of any fireman or firemen or emergency rescue personnel in the discharge or attempt to discharge an official duty.
2. Disobeys the lawful orders of any fireman or public officer.
3. Engages in any disorderly conduct which delays or prevents a fire from being timely extinguished.
4. Forbids or prevents others from assisting in extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, from assisting in extinguishing a fire.”

Accordingly, to be found guilty of interfering with the discharge of duty by a fireman or emergency rescue personnel, the prosecution must prove beyond a reasonable doubt that the defendant “willfully” committed one of these four acts.

California Penal Code section 148.2, interfering with the discharge or attempted discharge of duty by a fireman or emergency rescue personnel, is a misdemeanor. If convicted, a defendant faces jail time up to 180 days. A defendant convicted of this misdemeanor offense can also be ordered to pay a fine, can be placed on probation, and potentially face other direct or collateral consequences.

There are many potential defenses to the charge of interfering with the discharge or attempted discharge of duty by a fireman or emergency rescue personnel, California Penal Code section 148.2, including but not limited to:

1. The alleged conduct was not willful. Remember, to be found guilty California Penal Code section 148.2, the prosecution must prove that the person’s conduct which interfered with the firefighter or emergency personnel was willful.
2. The firefighters or emergency personnel were not discharging or attempting to discharge a lawful duty. For example, the firefighters or emergency personnel were doing something that they were not supposed to do.
3. The alleged conduct did not actually delay or interfere with the firefighter’s or emergency personnel’s response.

An allegation of interfering with the discharge or attempted discharge by a fireman or emergency rescue personnel, or any type of obstructing or resisting charge is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for interfering with the discharge or attempted discharge by a fireman or emergency rescue personnel, or any other type of crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of any type of felony and misdemeanor offense.

For more information about all types of crimes and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.