Orlando Criminal Law Attorney - Call (407) 841-5555
Resisting Arrest and Battery / Assault on a Police Officer
| Any crime against a law enforcement officer has to be taken
seriously - even when the allegations have been exaggerated or
completely made up. Resisting arrest is commonly charged just
because the police officer is determined to charge you with
something regardless of what you have or have not done. Simply
touching a police officer can result in a battery charge against the
police even if you did not mean any harm. Doesn't sound right
but if you are reading this you probably already understand how it
works. Assault and Battery are two very confusing terms. Let's clear them up. Battery is the unlawful touching of another and assault is the threat to do harm with the present ability to carry out the threat. So if you raise your hand back to hit someone - that's assault. If you hit them - that's battery. One more thing, battery does not have to be a hit or strike - simply touching can be considered a battery under certain circumstances. In a police officer's mind all it takes is to touch them. Resisting Arrest With or Without Violence to the Police There are actually many defenses to a resisting arrest charge. In actuality, the actual charge is just resisting a police officer with or without violence - there is no need for you to be in the process of being arrested. In fact, if you are being arrested do not resist even if you think the charge is bogus. No one has a right to resist an actual arrest. Let the courts figure out the mistake. Besides, we already know that you will be in a world of hurt if you resist an actual arrest. Resisting without violence is a misdemeanor offense. It is punishable by up to a year in jail and a $1,000 fine. There are defenses - don't think you can't fight these charges. The best way to proceed is to set up an appointment and bring with you all the paperwork that you received - mainly the police report / charging affidavit. If you do not have the police report let us know before hand and we will try to get one from the court file. Resisting with violence is a serious felony. It is punishable by up to five years in prison and up to a $5,000 fine. Whereas battery on a police officer could be simply touching that policeman, resisting with violence connotes more - the intent to do harm. The actual words of the statute are "by offering or doing violence" to the police. This is interpreted the same way as the terms assault or battery and with the added factor of being able to or doing actual violence. Battery or Assault on a Police Officer As stated above, simply touching a police officer can get you arrested for battery on a police officer. This charge starts off as a third degree felony with a maximum penalty of 5 years in prison and a $5,000 fine. Battery can be just about anything - touching, bumping, spitting, poking, etc. The police are trained to be very wary of just about anyone they do not know. Do not test them. They have to deal with the dregs of society and it isn't always clear who is who. One of the common scenarios for battery on a police officer is downtown on a Friday or Saturday night. Someone has drank maybe a little too much and a scuffle breaks out. The police respond and begin questioning the participants. Someone's girlfriend makes the mistake of touching a police officer when she thinks her boyfriend is about to be arrested. This could be just grabbing his arm or tapping his shoulder. Be careful. These charges have a way of getting out of control fast unless you, the defendant, remain silent and hire an attorney - us. Charges like these typically go to trial so be prepared. The police are not going to change their minds after they have charged you and the prosecutors are not going to reduce or dismiss these charges without that officer consenting. Remember, in these cases the victim is the police officer. Odds are his report only lists his witnesses - his fellow officers. |
Don't wait until your first court date to figure out what you are going to do. Call us for a free consultation - start collecting you witnesses' names and addresses and phone numbers and be prepared. If this is only a misdemeanor - consider yourself lucky. However, a misdemeanor is not something you want, not with this charge. A resisting a police officer charge on your record, whether misdemeanor or felony, is going to cause all sorts of problems for you in the future. You could be rejected for a job or a loan, and you will be rejected from renting an apartment or house. We defend you with the idea that when we are done we can expunge your arrest so that it does not come back to haunt you. Give us a call today. |
For a free consultation regarding an arrest for these or any other offense call (407) 841-5555.
