Los Angeles Unintentional Resisting Arrest Defense Attorney

Most Angelenos picture resisting arrest as a violent tug-of-war with handcuffs. In reality, California Penal Code § 148(a)(1) sweeps in far more subtle conduct, anything that “willfully resists, delays, or obstructs” a peace officer or emergency medical technician in the lawful discharge of duty. The statute does not require punching, kicking, or touching an officer. A split-second of confusion, fear, or misunderstanding can become a criminal charge that jeopardizes your job, your immigration status, and your freedom. If you or someone you know has been charged with or accused of Resisting Arrest, you must consult with a Los Angeles criminal defense attorney immediately.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we have seen countless clients stunned to learn that what felt like a harmless reflex, a panicked flinch, a plea to call a relative, a refusal of unwanted medical care, was booked as “resisting.” Former Deputy District Attorney Michael Kraut brings insider knowledge of how these cases are filed, how prosecutors think, and how to dismantle the allegation before it derails your life.

• Passive resistance
  • Freezing in place, going limp, or curling into a fetal position during a panic attack
  • Quietly sitting during a protest after police declare an unlawful assembly
  • Remaining motionless in handcuffs because the cuts tighten when you move
• Confusion during traffic stops
  • Reaching for insurance paperwork when an officer has ordered hands on the steering wheel
  • Exiting the vehicle to check on a friend in cuffs without explicit permission
  • Failure to roll down tinted windows quickly because of a malfunctioning button
• Medical or mental-health emergencies
  • Pulling away from EMTs who want to strap you to a gurney
  • Pushing an officer’s hand when an epileptic seizure causes disorientation
  • Screaming or flailing while experiencing a PTSD flashback
• Language and hearing barriers
  • Not responding to shouted commands, you cannot hear over sirens
  • Misinterpreting gestures because English is not your first language
  • Signing to a deaf companion while officers believe you are ignoring orders
• Recording or livestreaming police activity
  • Holding a phone too close to officers at a scene
  • Stepping around crime-scene tape to capture a better angle
  • Continuing to film after an officer demands you stop, even though you have a First Amendment right to record from a lawful vantage point

Although none of these acts are violent, each can be spun as “willful interference.” Quick, calm legal intervention is critical.

• Penal Code § 69: Resisting an executive officer by threat or violence (wobbler: misdemeanor or felony)
• Penal Code § 148.9: Providing false identification to peace officers
• Penal Code § 243(b)/(c): Battery on a peace officer or EMT
• Penal Code § 405a: Attempting to rescue a person from lawful custody
• Vehicle Code § 2800(a): Willfully disobeying a lawful order by any uniformed peace officer

Stacking charges is a favorite prosecutorial tactic because it multiplies exposure and pressures people into unfavorable plea deals. An experienced defense attorney can often show that the additional counts are unsupported or legally barred.

• Willful conduct. The act must be intentional, not accidental or reflexive.
• Knowledge. You must know, or reasonably should know, the person was an officer/EMT engaged in official duty.
• Lawful performance. Officers must have been acting lawfully. Excessive force or an unlawful detention negates this element.
• Actual resistance, delay, or obstruction. A mere assertion of constitutional rights (e.g., silence) is not enough without some affirmative interference.

Challenging any single element can lead to dismissal or reduction.

• Lack of willful intent. Involuntary movements due to a medical condition, involuntary muscle contractions, or the fight-or-flight reflex
• Unlawful arrest or detention. No reasonable suspicion, defective warrant, or racial profiling
• Excessive force/self-defense. Reasonable force to protect yourself from unnecessary harm is lawful
• Mistaken identity/failure to identify as an officer. Plainclothes officers or dim lighting can leave you unaware of official status
• First Amendment activity. Lawful recording or verbal criticism is protected speech
• Insufficient evidence / body-camera contradictions. Video often shows no delay at all or reveals officers escalating the situation

Our firm consults with use-of-force experts, forensic medical professionals, linguists, and mental-health specialists to craft the strongest narrative for dismissal or acquittal.

• Jail. Up to one year in L.A. County jail
• Fines & fees. Up to $1,000 plus penalty assessments, booking fees, and probation costs
• Probation conditions. Community labor, anger-management, or substance-abuse programs
• Criminal record. “Resisting arrest” can damage credibility in future encounters with police or employers.
• Immigration hazards. Particular § 148 convictions can trigger deportability or bar naturalization.
• Professional licensing. Nurses, teachers, security guards, real estate agents, and others may face disciplinary action.
• Civil liability. A conviction can be used against you in later civil rights or personal injury litigation involving the same incident.

Avoiding conviction or reducing it to an infraction, such as disturbing the peace, is paramount.

• Stay silent and ask for counsel. Anything you say can be misconstrued as defiance.
• Request medical attention. Document injuries from handcuffs, tasers, or baton strikes.
• Gather witness information. Names, phones, social-media handles—memories fade quickly.
• Secure video. Bystander footage, Ring cameras, and dash cams often disappear within days.
• Consult Kraut Law Group Criminal & DUI Lawyers, Inc. promptly. Early intervention can convince prosecutors not to file or to file lesser charges.

• Former Prosecutor Advantage. Michael Kraut spent 14 years at the Los Angeles County District Attorney’s Office. He knows the charging desks, the filing guidelines, and the pressure points that persuade prosecutors to walk away from shaky cases.
• Local Court Mastery. Daily practice in Van Nuys, Airport, Downtown, and other L.A. criminal courthouses means we understand each bench officer’s expectations and each courtroom’s unwritten rules.
• Multi-disciplinary Team. Investigators, forensic consultants, mental-health experts, and immigration counsel collaborate under one roof.
• Proven Record. Dismissals, not-guilty verdicts, and civil settlements for clients who suffered unlawful force—all achieved through meticulous preparation and aggressive negotiation.
• Relentless Advocacy. We meet clients in custody, at hospitals, or at their homes; we answer calls 24/7; we treat every case as if a jury is already seated.

A moment of confusion should not brand you a criminal. If you or a loved one has been arrested for unintentional resistance, let Kraut Law Group Criminal & DUI Lawyers, Inc. guide you through Los Angeles’s complex justice system, protect your rights, and fight for the best possible outcome.

Contact us today for a free, confidential consultation—attorney Michael Kraut answers 24/7.