What does 69 mean in police code?

The California penal code section 69 defines resisting an executive officer or police officer as two-fold. Any person who attempts to stop or to prevent an executive officer1 from performing his/her duty by using threat2 or violence; or. Any person who knowingly resists such officer by the use of force or violence3.

aizmanlaw.com - What Is 69 PC? Resisting Or Obstructing An Officer (Legal Guide)

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In this guide, I will explain 69 PC which stands for California Penal Code 69, resisting or obstructing an officer.

Let’s begin…

But first, watch this short video explaining this penal code section.

What Is The Definition Of 69 PC – Resisting An Executive Officer?

The California penal code section 69 defines resisting an executive officer or police officer as two-fold. Any person who attempts to stop or to prevent an executive officer from performing his/her duty by using threat or violence; or from performing his/her duty by using threat or violence; or Any person who knowingly resists such officer by the use of force or violence. This law is similar to resisting arrest under penal code 148(a)(1) except it is much more serious because under penal code 69 pc the officer is being threatened.

How Does the Prosecutor Prove I Resisted An Executive Officer?

To prove that you are guilty of this offense, the prosecutor has to prove the following facts or elements:

In the Case of the Attempt, the Following Elements Apply:

You willfully and unlawfully used violence or threat of violence to try to prevent/deter an executive officer from performing his/her lawful duty and unlawfully used violence or threat of violence to try to prevent/deter an executive officer from performing his/her lawful duty You intended to prevent/deter the executive officer from performing his/her lawful duty

Example:

If a person who telephones an off-duty police officer at his or her home and threatens to kill the officer if he or she continues to pursue a lawful investigation may be convicted of resisting an executive officer, the first type of offense under section 69 (i.e. attempt), even though the officer was not engaged in the performance of his or her duties at the time the threat was made.

In the Case of the Actual Resistance, the Following Elements Apply:

You unlawfully used force or violence to resist an executive officer;

When you acted, the officer was performing his/her lawful duty; AND

When you acted, you knew the executive officer was performing his/her duty

Who Can Be Charged With Resisting A Police Officer?

Anyone who attempts, with specific intent, to prevent an officer from performing his lawful duty, OR anyone who with general intent uses force or a threat of force to do the same can be charged with the offense. To be charged with the offense, the defendant had to have acted both “willfully” and “unlawfully.”

How Can I Fight A Charge Of Resisting A Police Officer?

There are several defenses that your attorney can assert on your behalf to fight a charge of resisting an executive officer under penal code 69.

Here are the most common ones:

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The Officers Conduct Was Unlawful

If you were attempting to stop an executive officer’s conduct that was unlawful, you have not committed the offense:

For example:

If the defendant tries to stop an officer who is acting unlawfully by threatening to report him/her, the defendant’s threat is lawful. Similarly, if the defendant actually uses force to prevent the officer’s unlawful conduct, the defendant’s act does not fall within the scope of this offense. If this defense is employed by an attorney than a pitchess motion to determine possible complaints against the officer should be filed to determine if the officer has engaged in misconduct.

You Were Defending Yourself

If an officer uses unlawful force against you, you are entitled to resist his force against you by using reasonable force such as self-defense. Such resistance will not be considered to fall within the scope of this offense, because the officer’s unlawful force against you is no longer considered to be a performance of his duties. If the officer attempted to prevent you from recording or photographing the officer this does not fall under the scope of preventing an executive officer from performing his duty If you want to know more about your rights when videotaping the police watch this video:

What Are The Penalties And Punishment For Resisting An Executive Officer?

The severity of the penalties and sentencing under California Penal Code 69 PC depends on several factors, including your criminal history and the severity of the offense. For example, the sentencing guidelines differ as follows when the circumstances surrounding your case make it a misdemeanor as opposed to a felony:

Misdemeanor Penalty For Penal Code 69:

A fine of up to $10,000; and

Imprisonment in a county jail of up to but not exceeding one year.

Misdemeanor probation

Felony Penalty For Penal Code 69:

A fine of up to $10,000; and

Imprisonment in a county jail for a period of 16 months, or 2-3 years, depending on the seriousness of the felony.

Felony probation

Related Offenses

Choosing An Attorney

Individuals who are facing charges of resisting an executive officer may have concerns about the serious penalties of this offense such as jail time and fines. If you are facing these charges, you may have questions about whether your charges can be reduced or dismissed to avoid criminal prosecution. At the Aizman Law Firm, our experienced attorneys can help you with questions you might have about resisting an officer charges, If you need to speak to an attorney about your case, please call our office at (818) 351-9555 for a free confidential consultation.

aizmanlaw.com - What Is 69 PC? Resisting Or Obstructing An Officer (Legal Guide)

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