[jms62]

Originally Posted by Rupert Pupkin

I read your article. I'm not in favor of anyone being charged with even misdemeanor resisting arrest if they aren't truly resisting. And some cops do lie. We all know that. There have been plenty of cases where police roughed someone up because they claimed they were resisting. Then it turns out someone filmed the whole thing on their phone and it turns out the cop was lying. If I was a juror in a resisting arrest case with no video, I wouldn't necessarily believe the cop.

Anyway, you raised a good point in one of your other posts with regard to assaulting an officer versus resisting arrest. If the police are trying to arrest someone and he punches them, I don't why they couldn't just charge the person with assault on a police officer. If they can, then there may not be a need for the resisting arrest charge to be a felony (especially if assaulting a police officer is a felony. I'm not sure if it is).

http://www.criminaldefenselawyer.com...d-assault-laws