Will I go to jail for resisting arrest with an executive officer? 9 Answers as of November 30, 2011

You could be looking at jail time in this case. However, it sounds like you could have an alcohol problem. My suggestion would be to go to AA meetings 3 times per week and speak with your attorney about this asap. If you start doing AA meetings and any other program, it will show the DA that you want to address your problems and this could help you in reaching a deal.

All criminal cases rely on the facts of that case to determine what will happen. Penal code section 69 is what is called a wobbler. As a wobbler it can be charged as a felony or a misdemeanor or a felony. Just because the prosecution charges it as a felony does not mean that it will not be reduced to a misdemeanor. If the resistance was non-violent and you do not have a criminal record your attorney should get the charges reduced. If he is very good he may get an informal deferred entry of judgment and after completing your probation your record will be clear. However, what can be done on your case will depend on the facts.

A good lawyer will get the DA to break the PC 69 down to a misdemeanor and as a first offense you should not go to jail (though this depends on the county and the DAs attitude). But highly unlikely it will be dismissed and I can't really advise you unless I know more. Did you hit the cop or anything like that or were you just another drunk who couldn't get it together to do what the cop wanted, If that's the case you should not get time.

If you blacked out and ended up with a felony charge, your concern should be your drinking.

It is possible that you can go to jail for PC 69 and the other charges. You need an attorney to navigate you through this and avoid the potential harsh consequences. Vandalism is bad as it carries with it a license suspension.

Voluntary intoxication is not a defense to that charge. Your attorney should try to negotiate the case down to a misdemeanor.

It's impossible to tell you what will happen without knowing the details of what you're actually accused of. Be very wary of any attorney that makes predictions without knowing the facts (you're probably being lied to). There is a huge spectrum of possible penalties for PC 69, ranging from a stern warning to a lengthy prison stay.

Without knowing anything about your case beyond just the charges and that you were intoxicated, there is no way to know what may happen to your case. The PC 69 charge is a felony... and one you don't want on your record. There are lesser misdemeanors for resisting arrest (PC 148) that may be possible, but it depends on the facts of your case. You'll need a good criminal defense attorney that routinely practices in the court where your case will be heard. I'd strongly suggest finding somebody who does only criminal law, not a divorce attorney who dabbles in criminal law.

You could be getting some serious jail time unless the felony is reduced or probation is granted by the Judge.