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PC 69 Resisting an executive officer | Fresno Criminal Defense Attorney

PC 69 Resisting or Deterring Officer.

Every person who attempts, but means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding then thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one yer, or by both such fine and imprisonment.

A person convicted of a violation of PC 69 Felony could be sentenced to 16, 24, or 36 months.

The Elements of PC 69 are:

1. Defendant willfully and unlawfully attempted to deter or prevent an executive officer from performing any duty imposed upon that officer by law.

2.  The attempt or resistance was accomplished by means of any threat or violence. {PC 69}

Common Question:

Can my PC 69 be reduced to a misdemeanor?

The answer is yes, it can.  It may be reduced by the prosecution at some point in the proceedings.  It can also be declared a misdemeanor by a judge following a preliminary hearing or at sentencing.  If sentenced to probation it is possible that following the successful completion of probation it may be reduced pursuant to PC 17(b)

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