San Diego Criminal Lawyers Blog
In the latest incident of controversies involving the San Diego Police Department and accusations of bias against minorities, several community leaders protested at the preliminary hearing of Robert Branch at the Hall of Justice Thursday, March 10. Back in May of 2015, 25 year old Robert Branch, a security guard at the time, was accused of assaulting a sheriff’s deputy Paul Ward after an apparent road-rage incident. Ward is described as a “loose cannon,” by his colleagues.
During the incident in question, Ward allegedly swerved to block Branch’s car from passing on an El Cajon onramp, sending Branch’s car into the shoulder lane. Ward then followed Branch for nearly ten miles. When Branch exited near San Diego State University, Ward pulled over Branch’s car in an unmarked and unidentified police vehicle. He was not in uniform, so Ward began recording with his cell phone. That led to Ward trying to restrain Branch, and Branch was charged with resisting arrest. Branch subsequently filed a civil suit for illegal detention.
Protestors with the National Action Network has accused District Attorney Bonnie Dumanis of selective prosecution of minorities intended to further her political ambitions.
Resisting Arrest in California
Under California Penal Code § 148(a)(1), one may not willfully resist, relay, or obstruct an enforcement officer or emergency personnel from doing their job/ performing his or her duties. This is a vague definition which often leads to false allegations. Oftentimes, a cop will charge you simply for being dismissive, uncooperative in their eyes, or rude.
A conviction of resisting arrest is a misdemeanor punishable by up to one year imprisonment and a $1,000 fine.
Legal Defenses
Similar to battery on a peace officer, physically resisting an unlawful search, arrest or detainment or defending yourself against excessive force is does not constitute resisting arrest. Likewise, reasonable self-defense against excessive force does not constitute assault or battery on a police officer. Another legal defense is that it was a false allegation. You will need to prove that you did not intend on obstruct a cop’s duties.
Because these type of cases often turn to ‘he said/she said’ against police, it is always recommended you record your encounters with police (you do not even have to tell them you are recording if you fear retribution) and gather witnesses. Continue reading