CALIFORNIA CRIMINAL LAWYERS

Los Angeles Resisting an Executive Officer (PC 69)

Understanding California Penal Code 69: Resisting an Executive Officer

California’s penal code can be difficult to comprehend with its complex terminologies that often seem convoluted. However, with a little effort, it can be broken down into easily understandable portions. This article focuses on California Penal Code 69, which deals with resisting an executive officer. By understanding the essentials of this charge, you’re better able to defend yourself in the face of such a charge.

Definitions

The terms used under the penal code have a lot of legal significance. It’s vital to understand what they mean to clarify what a particular charge entails. Here are some definitions related to PC 69:

Executive officer

An executive officer refers to any public employee who’s authorized to use their own judgment to carry out their responsibilities according to the law. This category doesn’t cover only police officers, but also judges, public defenders, district attorneys, or elected officials.

Lawful duties

These are duties an executive officer is obligated to perform. For example, a district attorney has the power to decide whether or not to press charges. Therefore, threatening violence against a DA qualifies as a crime under this section.

California Penal Code 69

PC 69 states that the charge of resisting an executive officer can occur if someone willingly and unlawfully threatens or uses violence to deter an executive officer from performing their job. The use of force, violence, or the threat of violence against an executive officer performing their lawful duties also counts.

Prosecution of PC 69

The prosecution must prove two distinct components to charge someone with PC 69. First, they must establish that the accused willfully and unlawfully used violence or threatened violence to stop an executive officer from performing their lawful duties. Second, they must establish that the accused intended to use violence or threats of violence. To prove resistance, prosecutors must show that the accused used violence, the threat of violence, or physical force to resist an executive officer who was performing their lawful duties. Additionally, it must be proved that the accused knew the executive officer was performing their lawful duties.

Punishment for PC 69

PC 69 is a “wobbler” offense, meaning that it can be charged as a misdemeanor or a felony, depending on the circumstances. If charged as a felony, the accused could face a sentence of up to 16 months, two or three years in county jail. Additionally, they could be subject to a maximum fine of $10,000, or a combination of jail time and a fine. The misdemeanor version of the charge carries a potential sentence of up to 364 days in county jail, with a maximum fine of $10,000, or a combination of the two.

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Conclusion

In conclusion, the penal code can seem intimidating, but it need not be so. With a little effort, it’s possible to understand its provisions to protect yourself from legal trouble. As outlined in this article, resisting an executive officer under PC 69 requires the prosecution to prove that you willfully and unlawfully threatened or used violence to obstruct an executive officer from performing their lawful duties. If you’re facing legal trouble or potential legal trouble, don’t hesitate to contact us. We’ll guide you through the legal process and advocate for your rights.