The Law Offices of Ty Martinez Criminal Defense
Penal Code 69 PC: Resisting an Executive Officer
Resisting an officer lawyer for PC 69 charges in Riverside and San Bernardino counties.
We have 40+ years of combined experience providing criminal defense in Southern California. Tilting the Scales of Justice in your favor.
See how we defend assault and battery cases.
Penal Code 69 makes it a crime to use threats or violence to try to stop a police officer or other executive officer from doing their job, or to resist an officer with force or violence. It is a wobbler, with up to 364 days in county jail as a misdemeanor or 16 months, two or three years as a felony, usually served in county jail, and a fine of up to $10,000.
| Code section | California Penal Code 69 |
|---|---|
| Also called | Resisting an executive officer, deterring an officer |
| Covers | Police officers, sheriff's deputies and other officials doing a duty the law imposes |
| Misdemeanor or felony | Either (a wobbler) |
| Misdemeanor | Up to 364 days in county jail |
| Felony | 16 months, 2 or 3 years, usually in county jail |
| Fine | Up to $10,000 |
| Strike | No, unless great bodily injury or a deadly weapon is proved |
| Recording police | Not a crime by itself (PC 69(b)) |
| Jury instruction | CALCRIM 2651, 2652 |
Charged under PC 69 in Riverside or San Bernardino County?
Calls are answered 24/7, and the consultation is free.
What PC 69 means
PC 69 covers two crimes. The first is trying to deter or prevent an executive officer from performing a duty by threats or violence, which can apply even if the officer is not touched. The second is knowingly resisting an officer by force or violence while the officer is performing a duty, such as making an arrest.
An executive officer is a government official who uses their own judgment in doing their job, such as police officers, sheriff's deputies, probation and correctional officers, and other officials. For the resisting form, the officer must have been acting lawfully. If the arrest or detention was unlawful, or the officer used unreasonable or excessive force, you can't be convicted of resisting that officer under this part of PC 69.
For resisting an officer by force, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 2652):
- You unlawfully used force or violence to resist an executive officer
- When you acted, the officer was performing a lawful duty
- When you acted, you knew the person was an executive officer performing their duty
PC 69 penalties
- Misdemeanor: up to 364 days in county jail, a fine of up to $10,000, or both (PC 69(a), 18.5)
- Felony: 16 months, two or three years, usually served in county jail, a fine of up to $10,000, or both (PC 69(a), 1170(h))
If someone was hurt, the prosecutor may add a great bodily injury allegation (PC 12022.7), and battery or assault on an officer can be charged separately (PC 241(c), 243(b), (c)).
PC 69 or PC 148?
PC 69 is more serious than resisting, delaying or obstructing an officer under PC 148(a)(1), a misdemeanor with up to 364 days in county jail and a fine of up to $1,000 that does not require force or threats. Prosecutors often charge both, and resolving the case as a PC 148 misdemeanor is a common goal in negotiations.
Consequences beyond jail
- Guns: a felony conviction brings a lifetime ban (PC 29800). A misdemeanor PC 69 conviction is not on the 10-year ban list, but a misdemeanor battery on an officer is (PC 29805)
- Strike: PC 69 is not a strike by itself, but it becomes one if the prosecutor proves you personally inflicted great bodily injury or used a deadly weapon (PC 1192.7(c)(8), (23))
- Probation and parole: a new arrest can also be treated as a violation
- Immigration: for non-citizens, some offenses involving force carry immigration consequences, so talk to us before any plea
Common defenses to PC 69
It depends on the evidence. Common defenses include:
- The officer was not acting lawfully, for example an unlawful stop or arrest, or excessive force
- You acted in reasonable self-defense against excessive force
- You did not use force, violence or threats, which can mean PC 148 at most, or no crime
- You did not know the person was an officer, for example a plainclothes officer who did not identify themselves
- Your words were not a real threat of violence
- Recording the officer is not a crime by itself (PC 69(b), 148(g))
We review body camera and dash camera video, bystander video, 911 and dispatch recordings and the officers' reports, and we may ask the court for records of an officer's past misconduct (a Pitchess motion).
Related charges
PC 69 cases in Riverside and San Bernardino counties
PC 69 cases here come from city police departments, the Riverside County and San Bernardino County Sheriff's Departments, which also police many cities by contract, and the California Highway Patrol. Body camera video is often the most important evidence in these cases, and it should be requested early.
In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.
Frequently asked questions
Is PC 69 a felony?
It can be. PC 69 is a wobbler, so it can be filed as a misdemeanor or a felony, often depending on the force used, any injury and your record. A felony charge can often be reduced to a misdemeanor (PC 17(b)), or the case can be resolved as resisting an officer under PC 148, a misdemeanor.
Can I be charged under PC 69 for something I said?
Yes, if it was a threat of violence meant to stop an officer from doing their job. Insults and angry words, without a real threat, are not enough. Whether a statement was a threat depends on the words and the circumstances.
Is it legal to record the police in California?
Yes, in most situations. Photographing or recording an officer in a public place, or from a place you have a right to be, is not by itself a crime under PC 69 or PC 148 (PC 69(b), 148(g)), and under PC 148 it is not a reason to detain or arrest you. Interfering with the officer while recording can still be charged.
What if the officer used excessive force?
Under the resisting part of PC 69, you can't be convicted if the officer was not acting lawfully, which includes using unreasonable or excessive force. You may also be allowed to use reasonable force to defend yourself against excessive force. Video and medical records matter, so tell us about any injuries right away.
Can a PC 69 conviction be expunged?
Often, yes. If you complete probation, you may be able to have it dismissed under PC 1203.4, and a felony served in county jail may qualify under PC 1203.41. A felony can also be reduced to a misdemeanor (PC 17(b)).
Read the official text of PC 69 on the California Legislative Information site.
This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.
Facing PC 69 charges? Calls are answered 24/7, and the consultation is free.
Providing
Criminal Defense
for All Case Types
Experienced Criminal Defense Law Firm in Southern California
At the Law Offices of Ty Martinez, criminal defense is all we do, from misdemeanors to serious felonies. Our attorneys take the time to understand your case, explain your options in plain terms and build your defense around the facts.
Free Phone Consultations. In-Person When You Need It.
Start with a free consultation by phone. We meet in person whenever you鈥檇 like, but most clients handle updates and paperwork by phone and e-signature. You鈥檒l always have direct access to your attorneys.
Where we practice
We defend clients throughout San Bernardino and Riverside Counties, including:
- Rancho Cucamonga (West Valley courthouse): for cases from Rancho Cucamonga, Ontario, Upland, Chino, Montclair and Fontana
- San Bernardino Justice Center
- Victorville
- Riverside Hall of Justice
- Southwest Justice Center (Murrieta)
- Banning
We also handle cases in Los Angeles County, including the Pomona courthouse, and in Orange County.
Why clients hire us
- 25+ years defending criminal cases. Ty Martinez started in criminal law as a deputy public defender.
- 40+ years of combined experience between Ty Martinez and Yvonne Todd.
- Calls are answered 24/7, and your first consultation is free.
Ethical Representation with Personal Commitment
We follow the California Rules of Professional Conduct and never guarantee the outcome of a case. Your case is handled personally by our attorneys, not passed off to others. We keep communication open, including direct cell phone access, so you can get updates and talk through your case when you need to.
Trusted by Clients, Recommended to Families
Many of our new clients come to us through past clients and their families. We earn those referrals the same way on every case: we take your calls, explain what is happening and treat you with respect. At the Law Offices of Ty Martinez, we don鈥檛 just represent you; we advocate for your future.
Meet Your
Lawyers
See what our clients are saying:
I truly can鈥檛 recommend Ty Martinez enough. He helped me through my DUI and hit-and-run case during one of the most stressful and overwhelming times in my life, and I鈥檓 incredibly grateful that I had him representing me. From the beginning, Ty made me feel like I had someone genuinely fighting for me and looking out for my best interest. He was professional, knowledgeable, patient, and made sure I understood what was happening throughout the entire process. Having someone I could trust made such a huge difference. Ty helped me more than I could have ever expected, and I鈥檓 extremely grateful for everything he did for me and for the outcome of my case. He made a situation that felt terrifying and uncertain so much easier to get through. If you鈥檙e going through a difficult legal situation and need someone you can trust to have your back, I highly recommend Ty Martinez. I genuinely cannot thank him enough for all of his help and everything he did for me 馃檶馃徎馃檹馃徏
Was grateful Ty took my case. I also made him work extra by picking up another charge instead of losing his cool he stayed professional and used every avenue to keep me from facing prison time. In all was confusing picking a lawyer and I hope this review can help anyone who was in my position feel confident picking there next defense lawyer.
I found my self in a situation that I never thought I would. I found Ty and reached out. Saw the reviews and awards so I figured I鈥檇 do a consultation. Ty listened intently, asked questions, and was very straightforward. Didn鈥檛 sugarcoat anything. Gave me my options and I felt comfortable. Ty always got back to me. Even if he was busy, he鈥檇 let me know when to expect a callback. He fought like hell for me and I was able to resolve my issue. I won鈥檛 ever need this type of help again but if you do need help, I recommend reaching out to Ty.
My husband and I contacted Ty鈥檚 office to ask a few questions, not sure if they could help us. Ty went above and beyond to not only answer those questions but give us information, even though we ended up not needing his services. His number will always be with us in case we need anything. Can鈥檛 recommend enough.
Ty Martinez delivered an excellent result in my case. His attention to detail, clear communication, and understanding of the law made a stressful situation much easier to manage. He explained every step clearly and worked hard to protect my future. I couldn鈥檛 have asked for better representation and would confidently recommend him to anyone in need of legal defense.
Thank you for your exceptional legal support and guidance during my hard time. Your positive and dedication to fight truly made a difference in the turnout in my case.. ..... Truly recommended !!!!!!!
Ty and his team demonstrated an exceptional level of experience, empathy, and dedication that put me at ease right away. I couldn't be more impressed with his outstanding support. They took the time to thoroughly explain every step of the process, answered all my questions with clarity and patience, and always kept me informed with timely updates. Highly recommend to anyone in need of reliable legal guidance. His support was nothing short of exceptional, and I'm grateful for his help. Thank you for everything!
Mr. Martinez was recommended by a friend. He not only took on my case and handled everything with careful tact and professionalism but he also cares. He explained every part of the legal process and exactly what would happen at each step. What sets Mr. Martinez apart from other lawyers is that to he genuinely cares about his clients. I knew this from our first conversation where he carefully advised me on options before ever being retained.
A selection of recent 5-star reviews from Google, newest first. Reviews describe individual clients' experiences. Every case is different, and past results do not guarantee a similar outcome. Read all reviews on Google