While working for clients charged with assaulting a police officer, I've heard the common refrain: "I only fought back because the police officer arrested me for no reason". Fighting back resulted in clients being charged with 4th Degree Assault - Assaulting a Peace Officer, which is a gross misdemeanor and can carry a penalty of up to a year in jail. If the officer is injured in the assault, the client faces felony charges and the potential for 3 years in prison. Often times, the Assault charge inflicted a greater penalty than the charge filed as a result of the arrest. Minnesota does not recognize the right to resist an unlawful arrest or search, unless the officer commits an unjustified bodily attack. State v. Wick, 331 N.W.2d 769, 771 (Minn. 1983).
The moral of this story is if you're being arrested DON'T FIGHT BACK, even if the police arrest you for no reason. That's why you hire an attorney -- we use the law to fight back for you.
Thank you,
Grant S Smith, Esq.
Grant@AschemanSmith.com
(B) 612.217.0077 (C) 651.357.5990 (F) 651.344.0700
Contact Me
No comments:
Post a Comment