Can a resisting arrest charge be dropped to a misdemeanor? 13 Answers as of July 04, 2013

My ex boyfriend got arrested for terrorist threats, domestic violence and resisting arrest. He has a criminal past that he served 2 yrs. but he was on probation about to get out 3 months before his arrest. They are dropping the charges but not the resisting arrest pc69. When they arrested him he was beaten and tazered... my ex boyfriend denies resisting arrest, shouldn’t they have cameras? My ex states that there were more then 5 police officers involved in the arrest? Can the resisting arrest be dropped to a misdemeanor?? Thank you for your time...he has court on July 12 and is currently arrested.

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Under California Penal Code 69, resisting arrest may be prosecuted as a felony. You should seek legal counsel for possible defenses such as self defense or police misconduct. Also, a jury could choose to alternatively convict you of a lesser included offense of California Penal Code 148 which is a misdemeanor. There is a possibility of pleading down to a disturbing the peace, depending on the facts and circumstances.
Answer Applies to: California
Replied: 7/19/2011
Grant & Grant
Grant & Grant | Richard L. Grant, Esq.
It appears that since PC 69 calls for jail for one year either in county jail or State Prison, one could argue that this crime can be either plead as a felony or misdemeanor. This is commonly called a Wobbler. It is recommended that you immediately consult with an experienced Criminal Defense Attorney without any further delay.
Answer Applies to: California
Replied: 7/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. That's not how the system works. They will keep any charge they think they can win on. I understand he denies the charges, but it is his word versus all the officers. Who is the judge and jury likely to believe? If there were cameras, and if they showed what he claims, then they could be used in his defense. A subpoena would be required as part of the pretrial motions and discovery practice. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/7/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Absolutely. Or reduced to an infraction! Or even dismissed! Neither of those will happen, and they District Attorney will not dismiss the matter, because they do not want to leave the police department open to a possible 'excessive force' lawsuit. Your (ex-)boyfriend would probably (but not necessarily) need to win the criminal case prior to considering a tort lawsuit. Cameras? Where did this happen?! If the police cars had cameras, the department would probably say that they were not functioning at the time. Unfortunately, the integrity of law enforcement has a long, long, long, long way to go in this country. For example, what would be the harm in videotaping every single interrogation of a detained suspect in every case? None at all, or course. So, if law enforcement is not doing anything illegal or reprehensible, why do they object so vehemently?!
Answer Applies to: California
Replied: 7/7/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
He needs an attorney. It is unclear from your facts if he is on probation now or not. If he is this could be a probation violation. It is possible that the incident was recorded. However, you need an attorney to get that discovery. Your ex is in trouble and needs professional help to make the best of it.
Answer Applies to: California
Replied: 7/6/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, a reduction to a PC 148 misdemeanor would be the goal.
    Answer Applies to: California
    Replied: 7/4/2013
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Penal Code 69 is a "wobbler" meaning it could be charged as a misdemeanor or a felony. The typical charge in these situations is Penal Code 148(a)(1) which is always a misdemeanor. P.C. 69 is routinely over-filed, meaning it is alleged in circumstances where it is not appropriate in order to cover the actions of abusive police officers. In addition, it requires special circumstances to prove a P.C. 69, and not all police officers can properly be found to qualify under this code section as the intended protected class of persons.
    Answer Applies to: California
    Replied: 7/6/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    The short answer is yes it can be a misdemeanor. Whether it will be will depend on the evidence of the case and his criminal history.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, the charge of resisting arrest may be dropped to a misdemeanor depending on the circumstances. Depending on if the police squad cars are equipped with cameras, video footage may be available through the process of discovery.
    Answer Applies to: California
    Replied: 7/6/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The best person to answer these questions is your boy friend's (BF) attorney. He or she should have sufficient information from talking to your BF and the police reports, etc.. There is also the fact that this appears to be a negotiated plea.
    Answer Applies to: California
    Replied: 7/6/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The "resisting arrest" charge under Penal Code section 69 is what we call a wobbler, meaning it can be either a felony or misdemeanor. either by DA designation, or by court order [at preliminary hearing] or sentencing [anytime], or by defense motion [at many stages], so, yes, it can become a misdemeanor. Whether it will or would depends on many factors, political and legal.
    Answer Applies to: California
    Replied: 7/6/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    148 PC is resisting arrest in CA and that is a misd. 69PC is the felony version of police obstruction- but that could be negotiated down to a misdemeanor if you have good counsel and depending on the facts.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    A resisting arrest charge can be either a felony or a misdemeanor.. It is a "wobbler" which means it can be either. The best thing to do is hire an attorney so he can work his negotiation skills to drop the crime from a felony to a misdemeanor if they haven't already done so.
    Answer Applies to: California
    Replied: 7/6/2011
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