Resisting arrest gets far more serious when violence occurs as a result of the defendant's actions. Injuring a police officer is a felony in San Mateo County and Alameda County, as well as throughout the state. Generally, although a person does not have the right to resist an unlawful arrest by force, that person does not lose the right to defend themselves or another against the use of excessive force. A major question in a significant number of felony resisting arrest cases is whether the defendant's use of force was to resist the unlawful application of excessive force by an officer.
Possibly a Serious Felony
The associated penalties of resisting arrest causing death or serious bodily injury to an officer, Penal Code § 148.10, are severe. If convicted, a defendant faces, anywhere between 2, 3 and 4 years in state prison. Moreover, if the district attorney charges the defendant with felony resisting arrest against more than one public or peace officer the defendant's possible sentence increases with each additional conviction.
In addition, if the district attorney alleges a Great Bodily Injury ("GBI") allegation the allegation would cause the underlying offense to be classified as a serious felony which by law the district attorney is not allowed to plea bargain. If either the judge or jury finds the GBI allegation to be true the defendant can be sentenced to an additional consecutive term in prison of 3 years in prison. The result is that the defendant will be convicted of a felony "strike."
Trial Lawyer Needed
The D.A.'s Office is not in a rush to help a defendant charged with felony resisting arrest causing death or serious bodily injury to avoid a conviction and prison time. A defendant charged in San Mateo County or Santa Clara with felony resisting arrest can expect the district attorney's office to fight tooth-and-nail to convict the defendant. If you or a loved one is facing a felony resisting arrest charge, you need a hardnosed Bay Area criminal defense lawyer like Nafiz M. Ahmed of Ahmed & Sukaram, Attorneys at Law, to fight the D.A. Contact us to set up a consultation so that we can help you to avoid prison and a felony resisting arrest conviction.