San Diego Resisting Arrest Defense Lawyer
Getting arrested is a stressful, chaotic experience. In the confusion of the moment, a person might pull away, ask questions, or react instinctively to protect themselves. Unfortunately, police may interpret any hesitation, movement, or protest as “resisting arrest,” and tack on an additional charge that can complicate your case—even if you didn’t commit the underlying offense. In some cases, resisting arrest is the only charge, used to justify an otherwise questionable stop or arrest.
If you’ve been charged with resisting arrest in San Diego, it’s critical to speak with a knowledgeable criminal defense lawyer right away. Anthony Z. Vargas, Esq., Attorney at Law, represents people accused of resisting, obstructing, or delaying law enforcement across San Diego County. Anthony is a former San Diego Public Defender who knows how these charges are handled in court—and how to fight back effectively.
What Does It Mean to Resist Arrest?
In California, resisting arrest falls under Penal Code § 148(a)(1). This law makes it a misdemeanor to “willfully resist, delay, or obstruct” a peace officer or emergency medical technician in the performance of their duties.
Contrary to popular belief, you don’t have to run away, fight the police, or even physically resist to be charged. Something as simple as refusing to put your hands behind your back, walking away during questioning, or speaking in a confrontational tone might be enough for police to claim you resisted. This gives officers broad discretion—and too often leads to unjustified or retaliatory arrests.
An arrest is not a conviction. To convict you of resisting arrest under PC 148(a)(1), the prosecution must prove:
- A peace officer was lawfully performing their duties;
- You willfully resisted, delayed, or obstructed the officer; and
- You knew, or reasonably should have known, that the person was an officer performing their duties.
If the officer used excessive force or wasn’t lawfully performing their duties, your actions might not qualify as “resisting” under the law.
Penalties for Resisting Arrest in California
Resisting arrest is a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, informal (summary) probation, community service or mandatory classes, and a criminal record, which can impact employment, housing, or immigration status.
In more serious cases, resisting arrest can be charged as a felony, especially if there was violence or the officer was injured. Felony charges might also apply under Penal Code § 69 (resisting an executive officer with force) or Penal Code § 148.10 (causing serious injury to an officer during resistance). These charges carry enhanced penalties, including years in state prison.
Common Situations That Lead to Resisting Arrest Charges
Anthony Vargas has seen firsthand how resisting arrest charges often arise from routine encounters gone wrong. Common situations include:
- Arguing with police during a traffic stop
- Pulling away during handcuffing
- Asking too many questions during an investigation
- Filming an officer or asserting your rights
- Reacting to excessive or aggressive police behavior
- Being confused or disoriented during the arrest
In many cases, these are not acts of aggression—they are human reactions to a high-stress situation. But that doesn’t stop some officers from making an arrest for resisting in order to cover up their own misconduct or justify an illegal stop.
How Anthony Vargas Defends Resisting Arrest Charges in San Diego
Anthony takes the time to understand what really happened and why. As a former Public Defender and experienced criminal defense attorney, he knows how to expose the weaknesses in the prosecution’s case.
Potential defenses to resisting arrest include, for example:
- The officer was not lawfully performing their duties – If the arrest was unlawful or the officer used excessive force, you may have had the right to resist.
- No willful resistance – The law requires that your actions were intentional. If you were confused, afraid, or not fully aware of the situation, that could be a strong defense.
- Self-defense – If the officer used unnecessary force and you acted to protect yourself, self-defense may apply.
- Lack of evidence – These cases often rely on the word of the arresting officer. If there’s no bodycam footage, no injuries, and no independent witnesses, the charge might not hold up.
- Free speech or protected behavior – Simply arguing, expressing frustration, or asking questions is not a crime.
Anthony approaches these cases with a calm, focused mindset. He’ll gather the facts, challenge the assumptions, and work to resolve your case in the best way possible—whether that’s getting the charge dismissed, negotiating a reduction, or fighting it in court.
Why These Charges Matter—Even If They Seem Minor
Some people think resisting arrest is “just a misdemeanor,” but that’s a dangerous misconception. A conviction stays on your record, damages your credibility, and makes it harder to challenge future police encounters. If you ever face another charge, prosecutors can use your resisting arrest conviction to argue that you have a “pattern” of uncooperative behavior.
That’s why Anthony fights every resisting arrest charge as if your future depends on it—because it does.
Choose a San Diego Criminal Defense Lawyer Who Knows How to Push Back
When you hire Anthony Vargas, you’re getting more than legal representation—you’re getting a trusted ally who’s been appeared in courthouses throughout San Diego County and knows his way around the criminal justice system. He understands how resisting arrest charges are used and abused, and he’ll fight to protect your rights, your record, and your reputation.
Anthony brings peace of mind to his clients and calmness to their situation. He’s here to listen to your story, stand up for you in court, and guide you toward a better outcome.
Charged With Resisting Arrest in San Diego? Contact Anthony Vargas Today
If you or someone you love has been charged with resisting arrest in San Diego, don’t wait to get help. These cases can move quickly—and the sooner you have a skilled attorney in your corner, the better your chances of a favorable resolution.
Call San Diego resisting arrest defense lawyer Anthony Z. Vargas, Esq., Attorney at Law, today to schedule a confidential consultation. Let Anthony help you fight the charge, assert your rights, and move forward with confidence.