Daytona Beach Resisting Arrest Without Violence Resisting An Officer Without Violence

A Daytona Beach resisting arrest without violence charge is a catch all for police. People pick up these charges for voicing disapproval, asking questions, tensing up when being hand cuffed and occasionally for displaying poor manners. While resisting an officer without violence in Daytona Beach is a serious charge these cases can be defended. Some of the common defenses deal with free speech, the officers legal right to arrest or detain, if the accused knew that the person was a police officer, if the officer was performing a legal duty, if the conduct obstructed the officer and if the officer used excessive force. Some officers have a tendency to pile on a resisting charge to give the prosecutor more to work with. Although typically a resisting without violence charge occurs when the officer feels like the accused is giving them a hard time even the Supreme Court believes police should have thicker skin than ordinary citizens. In CITY OF HOUSTON, v. HILL. 482 U.S. 451 the court stated: Although the preservation of liberty depends in part upon the maintenance of social order, the First Amendment requires that officers and municipalities respond with restraint in the face of verbal challenges to police action, since a certain amount of expressive disorder is inevitable in a society committed to individual freedom and must be protected if that freedom would survive. If you are arrested for Daytona Beach resisting an officer without violence contact criminal defense attorney Kevin J. Pitts