There are several provisions in the law punishing interactions with law enforcement and state officials, most commonly including falsification, resisting arrest, and obstruction of official business. These accusations commonly arise out of tense encounters, involving officers citing an offense out of frustration and without legal grounds to support them.
There are many different offenses dealing with crimes against government officials, but they generally boil down to two circumstances: making it more difficult to do their job or dishonest statements made to a government official. The following are the most prevalent cases we see involving government officials:
The gravity of the offense, and just as importantly the manner in which a prosecutor or judge view the conduct, varies significantly based on the underlying facts which led to the charge. For example, a resisting arrest charge premised on a person making their body rigid as an officer attempts an arrest may be viewed differently from someone who pushes or swings at an officer as they attempt to evade capture.
These offenses often rise out of frustration from an investigating officer. Dealing with abrasive individuals is a daily reality for law enforcement personal, and upon reaching their limit on how much affliction they are willing to take, obstruction, resisting, or failure to comply offenses may be filed when, in fact, the defendant’s conduct may have been a mere annoyance rather than a criminal act.
When dealing with alleged crimes against government agents, we have found success promoting mitigating factors on our client’s behalf coupled with leveraging weaknesses in the state’s case. Contact us to learn how we would approach your case.