Penal Code 69 PC defines the crime of resisting an executive officer by force or threats. It specifically criminalizes attempts to prevent an officer from carrying out their legal duties or actively resisting an officer's actions. This law goes beyond simply resisting arrest (under Penal Code 148 PC) because it involves violence or threats and applies to a broader range of official duties.
The text of PC 69 states:
"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 their duty, is punishable by a fine not exceeding ten thousand dollars... or by both such fine and imprisonment."
This charge has been under increased scrutiny, especially following high-profile cases of police brutality and racial injustice, like the George Floyd case. Many advocates argue that the law has been misused in cases involving people of color and protests against police abuse.
Examples of Penal Code 69 Violations:
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Mark shoves a police officer who is arresting his friend for shoplifting.
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Monique physically blocks the entrance to a government office to prevent an official from entering.
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Paco cuts off electricity to a courtroom to prevent a prosecutor from presenting evidence in his brother's case.
If you or someone you know has been charged under Penal Code 69, it's crucial to seek experienced legal representation to ensure that your rights are protected.
Defenses to Penal Code 69 Charges
If you're facing charges under Penal Code 69, several legal defenses can be used to contest the accusation. These include:
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Unlawful Conduct by the Officer: If the officer was acting outside the scope of their lawful duties, you may have a valid defense. Officers must follow the law when performing their duties, and unlawful actions on their part can negate the charge.
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Self-Defense: If you used reasonable force to protect yourself from excessive force by the officer, you can argue that you were acting in self-defense. This defense is especially relevant in cases involving allegations of police brutality.
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Not an Executive Officer: For a conviction under Penal Code 69, the "victim" must be an executive officer, such as a police officer or other public official performing official duties. If the person you allegedly resisted is not an executive officer, this could be a strong defense.
Penalties for Violating Penal Code 69
A violation of Penal Code 69 is classified as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.
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Misdemeanor: If charged as a misdemeanor, the penalties may include:
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Up to one year in county jail, and/or
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Misdemeanor (summary) probation.
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Felony: If charged as a felony, the penalties may include:
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Up to three years in county jail, and/or
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Felony (formal) probation.
While resisting an executive officer under Penal Code 69 is not typically considered a "strike" under California's three-strikes law, it can be if the officer suffers great bodily injury or if a deadly weapon or firearm is involved in the offense.
If you've been charged with Penal Code 69 in Bakersfield, the attorneys at Martens Law Firm can provide the skilled representation you need. Contact us today for a consultation.
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