Resisting an Executive Officer – PC 69

Resisting an Executive Officer in Performance of Duty – California Penal Code 69 PC

1. A willful and unlawful attempt, by means of any threat or violence, to deter or prevent an executive officer from performing his or her lawful duty; or
2. The use of force or violence to resist an executive officer in the performance of his or her lawful duty.

Key Definitions

Prosecution for PC 69 Charges

1. You willfully and unlawfully used violence and/or threat of violence to try to prevent or deter an executive officer from performing his or her lawful duty; and
2. When you acted, you intended to prevent or deter the executive officer from performing his or her lawful duty.¹

1. You unlawfully used force or violence to resist an executive officer;
2. When you acted, the executive officer was performing his or her lawful duty; and
3. When you acted, you knew the executive officer was performing his or her duty.²

Punishment for Resisting an Executive Officer

• 16 months, or two or three years in county jail;
• A maximum fine of $10,000; or
• Both jail and fine.

• Up to 364 days in county jail;
• A maximum fine of $10,000; or
• Both jail and fine.

Defenses to a Charge of Resisting an Executive Officer

1. No intent. In order to convict you of this crime, the prosecution must prove beyond a reasonable doubt that you had intent to resist or prevent the executive officer from performing his or her duties. Thus, your lawyer can use this as a valid defense to argue that there is no evidence that shows you had intent to do so when you acted in such a manner.

2. Unlawful duties. In order for you to be convicted of resisting an executive officer, the prosecution must prove that you prevented the executive officer from performing his or her lawful duties. Thus, your attorney can argue that the officer was attempting to perform his or her duties in an unlawful In other words, executive officers are not protected when performing illegal or unlawful conduct.³

3. False accusations. If you feel you have been charged with resisting an executive officer based upon false accusations, a skilled attorney may be able to find evidence to disprove these claims and present this evidence in court.

Frequently Asked Questions

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