Intro

It is a crime to act defiantly to law enforcement. Such categories of defiance include the act of evading a police officer who is trying to pull you over, resisting a police officer or firefighter when they are engaged in their duties, and battery on a police officer.

Defiance is considered a crime because of the concern about public safety, in allowing police and firefighters to carry out their duties without undue interference by the public. Such crimes as battery are punished more harshly when it involves a law enforcement official, punishable by a term in county jail or prison.

Defiance crimes may be punished as misdemeanors or felonies. Either category may include fines. Misdemeanors are punishable by a term in the county jail up to one year. Felonies are more serious crimes, punishable by a term of imprisonment in the state prison. A "wobbler" is a crime which may be either a misdemeanor or a felony. It is up to the prosecutor to classify the crime either way, then up to the judge to sentence it either way.

Even where a wobbler has been classified as a felony, as long as the defendant did not go to state prison, the felony may be reduced to a misdemeanor, via a Penal Code Section 17 (b) motion which states that, once reduced, the felony will be considered a misdemeanor for all purposes. Either the judge may reduce it during sentencing or else the conviction may be reduced later.

An experienced defense attorney will be aware of the nuances involved in every case, including all the possibilities of minimizing, to the greatest degree possible, the damage to your criminal record. A criminal conviction is a haunting reminder of a mistake, perhaps your own, or perhaps that of an overly aggressive cop out to get you. Either way, it is in your best interest to get a strong negotiator on your side, who can get you the best possible result.