Legal Question in Criminal Law in California

Re: Resisting Arrest

A person is not guilty of resisting arrest if the arrest itself is unlawful. This is because Penal Code Section 148 requires that to be guilty of the offense, the officer must have acted in the course of his duties as a peace officer. A police officer who is making a false arrest, or detaining someone falsely does not act in the performance of his duties. Therefore, no crime has been committed. Also, citizens have a right to criticize the conduct of the police and may do this in a manner that is offensive. Such criticism is protected by the First Amendment. However, if your friend interposed himself in such a way that he actually interfered with the police when he "stood up for some skateboarders", then he may have a problem. Without the specific details of the incident, it is not possible to give you a definitive answer. He certainly should be represented by counsel because this is a serious charge.