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  • Penal Code 69 defines the crime of resisting

  • an executive officer.

  • And this is really a more serious version

  • of resisting arrest.

  • Resisting arrest can only be filed as a misdemeanor.

  • The maximum sentence is a year in custody.

  • Whereas Penal Code 69 can be filed as a felony.

  • And if you're convicted, you could face up

  • to three years in jail or prison, sometimes more

  • if there's injuries involved.

  • Now, there's two ways to violate Penal Code 69,

  • resisting an executive officer.

  • One is to use force or violence to resist an executive officer

  • in the performance of their duties.

  • And this is a classic example of the police trying

  • to arrest you and you resisting and fighting back and using

  • force against them.

  • The second instance is threats or violence

  • that are used to try to prevent an executive officer

  • from performing their duty.

  • Now, usually these cases are filed

  • in a situation where the executive officer is a police

  • officer or a peace officer.

  • But really they could be filed where the executive officer is

  • any sort of government employee trying to do their duties.

  • So that would include prosecutors, judges,

  • animal control officers, parking enforcement officers.

  • If it's street-sweeping day and the meter maid is starting

  • to write you up a ticket, and you go and say,

  • you write that ticket, I'm going to kick

  • your ass, that would be an example of resisting

  • an executive officer.

Penal Code 69 defines the crime of resisting

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逮捕抵抗」が重罪になるのはいつ?(刑法69条) (When is "resisting arrest" a felony? (Penal Code 69))

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    Amy.Lin に公開 2021 年 01 月 14 日
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