Resisting with or without violence usually occurs when a law enforcement officer decides to conduct a criminal investigation. In fact, most people do not realize that a resisting charge was added until later on in the criminal justice process. At Alamo & O’Toole, P.A. , our team of former prosecutors know every loophole and defense to a resisting without violence charge. 

The most common examples of resisting without violence are giving a false name or pulling your arms away from the officer as you are getting arrested.  If you were arrested for a DUI, the officer may add a resisting charge if you struggle with handcuffs or give a false name.  We believe this is useless and a complete abuse of the process by the police officer.  On one hand, you are supposed to be impaired by alcohol.  On the other hand, you are supposed to have your wits about you to give correct information (that the officer already knows) and are not supposed to react when being handcuffed.    

Sometimes, a resisting with violence charge occurs after an officer has already abused their power.  The officer holds a grudge against you because of how you acted.  The officer knows that a resisting with violence charge will usually seal the deal in court to make sure you go to jail.  Our attorneys can usually get the officers to back off once we speak to them.  The officer usually tells the prosecutor to go easy after the heat of the moment subsides and the officer had a chance to reflect on the situation.  Our job is to make sure that gets done.  Otherwise, you can face significant jail time with a felony resisting without violence charge.