Resisting an Officer

Resisting officer without violence, by statute, it is a misdemeanor of the first degree, making it unlawful to resist, obstruct, or oppose an officer in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of such officer.  While the statute is entitled "Resisting officer without violence to his or her person," it has a much broader sweep. For instance, fleeing from or giving a false name to a police officer or refusing to leave the scene of a crime may constitute resisting or obstructing an officer without violence.

Resisting with violence, a felony of the third degree, occurs when a person knowingly and willfully resists, obstructs, or opposes an officer in the lawful execution of any legal duty, by offering or doing violence.  The elements of resisting an officer with violence are (1) knowingly resisting, obstructing, or opposing a law enforcement officer, (2) in the lawful execution of any legal duty, (3) by offering to do violence to his or her person.  Moreover, knowledge of the officer's status is an essential element that is part of the state's burden of proof for the offense of resisting an officer with violence.

It is never a good idea to resist an officer.  But oftentimes, the police officers themselves escalate the situation and overreact and can cause an innocent by stander to react.  Many times, the person charged with resisting an officer was not the main target of the police activity, but usually gets involved after the police have arrested a friend or a family member.  In such a situation, an individual can claim that the officer used excessive force and the person stepped in to stop the abuse.  Other times, such as when an officer is working a private security detail, the defense can be that the officer was not acting according to a legal duty.

Erick Cruz knows how to defend against a resisting an officer charged.  He is familiar with the legal requirements and can identify the deficiencies in the evidence that can lead to your case getting dismissed or the charges or sentence reduced.

Call Erick to discuss your case with him and find out how to get your case dismissed or charge and sentence reduced and arrest record sealed or expunged.