What must a defendant do to be charged under PC 148(d) for attempting to remove a firearm from an officer?

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In order to be charged under California Penal Code section 148(d) for attempting to remove a firearm from an officer, it is necessary for both actions to occur. This means that the individual must not only attempt to remove the firearm but also exhibit a deliberate intent that can be construed as an active attempt to do so. The law addresses both the physical action of attempting to disarm an officer and the intent or threat behind that action.

This dual requirement ensures that mere touching of the firearm or ambiguous behavior without clear intent does not constitute a charge under this particular statute. The prosecution must demonstrate that the defendant had both the physical capability and the intent to unlawfully remove the firearm, which is why both components of action and intent must be present for a viable charge under PC 148(d).

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