Resisting Arrest Bail Bonds

“Resisting arrest” covers two separate California statutes, and families are usually told the everyday name rather than the section. The difference decides whether this is a misdemeanour that resolves quickly or a felony that carries real bail.

The two charges

The practical trigger between them is force or violence. Pulling away and refusing to comply tends toward § 148; striking, shoving or threatening an officer tends toward § 69.

Why it is so often not the only charge

Resisting is rarely booked on its own. It usually appears alongside the charge that started the encounter — a DUI, a domestic violence call, a warrant arrest. That matters for bail: in Orange County felony bails do not stack count by count, so the highest single felony amount plus enhancement usually governs, and the resisting count often is not the one setting the figure.

It also matters for how the case resolves, which is a question for a defence lawyer rather than a bail agency.

Where a § 69 charge sits in Los Angeles County

Because § 69 can be charged as a felony involving force against an officer, it is one of the charges most likely to fall outside the county’s $0 pre-arraignment release designations. Check the protocol column before assuming anything — LA County bail amount lookup.

What to do first

1. Get the section: 148 or 69. This is the single most useful thing you can find out.
2. Get the other counts. Resisting is usually the second charge, not the first.
3. Check for injury allegations, which change the picture.
4. Check for holds — a probation or parole hold outranks the bail on the new case.

Questions we get asked most

Is resisting arrest a felony in California?

It depends on the section. PC 148(a)(1) is a misdemeanour. PC 69, which involves threats, force or violence against an executive officer, is a wobbler and can be charged as a felony.

What is the difference between PC 148 and PC 69?

PC 148 is wilfully resisting, delaying or obstructing an officer. PC 69 requires an attempt by threats or violence to deter an officer from a duty, or knowingly resisting by force or violence.

Why is the bail higher than I expected?

Usually because resisting is not the only charge. The bail is generally driven by the most serious count, not by the resisting count.

Can a resisting charge be filed without any other charge?

It can, but it is uncommon. It normally accompanies the offence that prompted the contact.

Related resources

All bail services · Orange County bail schedule · LA County bail schedule · How bail works in California · Arraignment · Cash bail vs a bail bond · Find an inmate