What is the test for a charge of resisting, delaying or obstructing the discharge or discharge of a peace officer?

California, United States of America


The following excerpt is from People v. Leal, B294534 (Cal. App. 2020):

Under section 148, subdivision (a)(1), any "person who willfully resists, delays, or obstructs any . . . peace officer . . . in the discharge or attempt to discharge any duty of his or her office or employment" is guilty of a misdemeanor. The defendant does not violate section 148 unless the officers were acting lawfully at the time the defendant committed the offense. (People v. Williams (2018) 26 Cal.App.5th 71, 82.) The prosecution must prove the defendant willfully resisted, delayed, or obstructed a peace officer, while the officer was engaged in the performance of his duties, and the defendant knew the other person was a peace

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