![]() ![]() ![]() Under this statute, a threat may be oral or written and may be implied by a pattern of conduct or a combination of statements and conduct. Note that questions often arise under this code section on the meaning of:įor purposes of this code section, someone commits an act willfully when he does it willingly or on purpose. government prosecutors and defense attorneys, and.3Īn executive officer is defined as a government official who may use his own discretion in performing his duties. when the defendant acted, he knew the officer was performing a duty.when the defendant acted, the officer was performing a lawful duty, and.the defendant unlawfully used force or violence to resist an executive officer,.Under the resistance offense, the prosecutor must prove three things to successfully convict a defendant. when the defendant acted, he did so intentionally.the defendant willfully and unlawfully used violence, or a threat of violence, to try to prevent an officer from performing a lawful duty, and.Under a prevention offense, the prosecutor must prove two things to successfully convict a defendant under this code section. resist an executive officer in the performance of his duties.try to prevent an executive officer from performing his duties, or.Penal Code 69 PC is the California statute that makes it a crime for a person to either: What does it mean to resist an executive officer? Penal Code 69 PC makes it a crime to try to prevent or resist executive officers in the performance of their duties. Are there civil remedies for a false arrest? Does a conviction affect a person’s gun rights? Can a person get an expungement after a conviction? 2. What are the best defenses to 69 PC?.What does it mean to resist an executive officer? Our California criminal defense attorneys will explain the following in this article: Note that if a person is convicted of this crime, this conviction may lead to:Īlso, note that a person convicted of this offense can seek to have it expunged once he successfully completes: But it can be treated as a strike if the officer suffers great bodily injury or if a firearm or deadly weapon is used. Resisting an executive officer is not generally not a strike under California’s three-strikes law. If charged as a felony, the offense is punishable by: If charged as a misdemeanor, the offense is punishable by: the “victim” was not an executive officer.Ī violation of this code section is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.the defendant was acting in self-defense, and/or.There are several legal defenses that a defendant can use to contest a charge brought under this statute. Paco “cuts the power” to a county courtroom so that a prosecutor cannot prove a criminal case against his brother.Monique blocks the door to a city council member’s office so that the official is denied access.Mark tries to push a police officer, who is attempting to arrest his friend for petty theft.The issue of resisting the police has gained a great deal of attention after the George Floyd killing and subsequent protests over racial injustice and police abuse. The section also applies to a broader set of executive duties than just making an arrest. But 69 PC is a more serious offense because it involves the use of threats of violence. ![]() Resisting an executive officer is closely related to the crime of resisting arrest (Penal Code 148 PC). (b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). ![]() (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. The full language of the code section states that:Ħ9. A conviction carries a maximum sentence of up to 3 years in jail. This means using threats or violence to try to prevent executive officers from performing their legal duties. California Penal Code 69 PC makes it a crime to resist an executive officer. ![]()
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