Tech_Esq
Sic Semper Tyrannis!
I've never been comfortable with equating resisting arrest with assaulting an officer. Sounds like she was flailing around...if she even gave the guy a fat lip.IMO, it would depend on whether she'd ever been in trouble before for something similar. I don't agree with putting first time offenders in prison for something this minor.
The police generally do. That's why there is a 15 year max on it. It's bad public policy to put police out there and let people beat them with impunity. If people get the idea they can kick the crap out of a cop and there's no penalty, the thin blue line becomes a non-existent line.
Remember, the police are people too. If you aren't going to back me with the law in court, I'm not going to stick my neck out on the street. Society gets different real quick when the police start thinking like that.
Besides, in my offer, she doesn't do "prison" time, she does jail time.
The Virginia Code:
Resisting lawful arrest; penalty.
A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.
B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.
A class one misdemeanor in Virginia is punishable by 12 months in jail and a $2,500 fine.
I might be screwed on the probation, but if you don't give it to me, I'm going to go for all 12 months and you can take it to trial counselor. Your client's going to the rock pile!
If you notice, you don't get to hit the cop under this statute. That's assault.
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