It’s easy to get caught up in a moment. Maybe you felt threatened, maybe you were scared, or maybe things just happened too fast.
But if your actions are seen as interfering with a public official doing their job, you could end up facing serious charges under California Penal Code 69.
This law is more than just about resisting executive officer arrest—it focuses on interfering with people in power, like police officers or judges, when they’re trying to do their job.
Let’s walk through what this charge means, how it’s different from other similar offenses, and what you can do if you’re dealing with it.
What Is the Definition of PC 69 Resist Executive Officer?
Let’s break down what Penal Code 69 California really means before diving into the details.
What is Penal Code 69?
California Penal Code 69 deals with trying to stop an executive officer from doing their lawful duties. It applies when someone uses threat or violence against an officer in an effort to block or interfere with their job. This doesn’t just mean police—it can include judges, prosecutors, and probation officers too.
The law is built to protect executive officers from performing their official roles without threats or physical interference.
So, if someone physically fights a judge in court or threatens a prosecutor during a hearing, that can fall under this code. It’s all about stopping someone in authority from doing something they’re legally required to do.
Is PC 69 a felony?
Yes, Penal Code 69 California, is considered a “wobbler.” That means prosecutors can charge it as either a misdemeanor or a felony, depending on what happened and your criminal history. When violence to deter is involved, it’s more likely to be treated as a 69 PC felony.
Felony charges can mean serious prison time and losing rights, while misdemeanor charges might carry shorter jail time and probation. How it’s charged depends heavily on how much force was used and who the officer was.
Key Elements of Penal Code 69 Charges
For a PC69 charge to stick, the prosecution has to prove a few things:
- You knowingly resisted an executive officer.
- The officer was doing their job legally at the time.
- You used force or violence or made a credible threat.
- The officer was someone with executive powers—not just any employee.
This law doesn’t apply to random government workers. The officer must also be classified as an executive officer, not just any public employee.
This is a key distinction in cases involving pc 69 vs 148, as 148 PC typically applies to general obstruction, while PC 69 involves force or threats against someone in a higher official role. That means people like:
- Police officers – Sworn law enforcement officials responsible for enforcing laws and protecting public safety.
- Judges – Court officials who oversee legal proceedings and issue rulings in criminal and civil cases.
- District attorneys – Government prosecutors who file and pursue criminal charges on behalf of the state.
- Probation officers – Supervisors who monitor individuals placed on probation instead of serving jail time.
Understanding the pc 69 vs 148 difference matters, especially when determining if the person was truly acting in an executive capacity at the time of the incident.
What Are the Penalties for Violating 69 PC?
The punishment for violating California Penal Code 69 depends on whether it’s charged as a misdemeanor or felony. Here’s a breakdown:
- Misdemeanor penalties:
- Up to 1 year in county jail
- Fines up to $10,000
- Possible probation
- Felony penalties:
- 16 months, 2 years, or 3 years in state prison
- Larger fines
- Longer probation and possible parole
Felony charges can also come with immigration consequences and loss of rights. Once charged, it’s hard to reverse, so having strong support from criminal defense attorneys is important early on.
Which Legal Defenses Are Available to a Resisting Executive Officer?
You don’t have to give up if you receive a CA Penal Code 69 charge. You might have a good defense or reason that significantly improves your case. Depending on the circumstances, the following defenses might be effective:
The officer’s actions were illegal.
You might have a good defense if the officer was breaking the law. This could indicate that the officer had no legal justification for holding you or questioning you, or that they were using excessive force. You cannot stop someone from doing their job, but you also shouldn’t tolerate abuse.
Self-protection
Self-defense may be applicable if you believed you were in danger and took action to protect yourself. This occurs when an officer behaves aggressively and you react without understanding their identity or the circumstances. The court considers whether what you did was necessary and reasonable under the circumstances.
Not having an executive officer
The law does not apply if the individual in question was not an executive officer. A limited number of public officials are specifically protected by CA Penal Code 69. This charge may be dropped if the defendant was a city employee, parking enforcer, or another type of employee without executive authority.
Can I Get an Expungement After a Conviction?
In many cases, yes. Once you finish your sentence or probation, you may be eligible to get the PC 69 conviction expunged.
That means the court removes the conviction from your public record, which can help with jobs, housing, and background checks.
Expungement won’t erase everything, but it shows you’ve completed your punishment and are trying to move forward.
For felony convictions, though, it’s harder to get approval—especially if you served time in state prison. A qualified Los Angeles criminal defense lawyer can guide you through your options.
Does a Conviction Affect My Gun Rights?
Yes. If you’re convicted of a 69 PC felony, you’ll likely lose your right to own or possess firearms under California law. That includes:
- Handguns
- Rifles
- Shotguns
Even if the charge is reduced to a misdemeanor, it might still impact your rights depending on the sentence or your criminal record. This is especially important for people with prior offenses or anyone hoping to work in law enforcement, private security, or military service.
Related Crimes
Sometimes, prosecutors may charge related offenses instead of—or in addition to—PC69 charge. Here are some common ones:
- Penal Code 148(a) PC – Resisting executive officer arrest: This charge is used more often when there’s no threat or violence but the person still gets in the way of an officer doing their job. It’s less serious than PC 69.
- Penal Code 240 PC – Assault: This involves attempting to hurt someone, even without making contact. If you swing at an officer and miss, this might apply.
- Penal Code 241(c) PC – Assault on a police officer: This is a more specific assault charge used when the victim is a law enforcement officer.
- Penal Code 242 PC – Simple battery: When there’s physical contact but not serious injury, battery may be charged.
- Penal Code 243(b) PC – Battery on a police officer: If you knowingly touched an officer in a harmful or offensive way, you could be charged here. This often goes hand in hand with resisting.
- Penal Code 243(d) PC – Aggravated battery: When your actions cause serious bodily injury, this more serious battery charge comes into play.
- Penal Code 422 PC – Criminal threats: Threatening someone with serious harm, even if you don’t act on it, can bring this charge—especially if the threat targets a government official.
- Vehicle Code 2800.1 VC – Evading police: Fleeing from officers in a vehicle can lead to this charge. It’s a common companion to resisting charges.
- Vehicle Code 2800.2 VC – Felony reckless evading: If the chase puts other people in danger, prosecutors can upgrade the charge to a felony.
These laws often overlap, especially during chaotic arrests or confrontations. Knowing which one you’re actually facing—and how to defend against it—is a huge part of building your case.
Talk to a Lawyer Before Things Get Worse
Getting charged with resisting an executive officer under California Penal Code 69 can change your life fast. Between hefty fines, possible prison time, and long-term consequences like lost gun rights, you can’t afford to handle it alone.
The good news? You don’t have to. A Los Angeles criminal defense lawyer who understands how the system works can look at your situation, explain your options, and build the strongest defense possible.
Whether it’s pushing for a dismissal, reducing charges, or helping you qualify for expungement, the right legal support can make all the difference.