What does it mean to be charged with resisting an officer without violence or with violence?
Resisting an officer’s command comes in two different forms. So there’s resisting without violence and resisting with.
Resisting without violence is a misdemeanor. It carries a penalty of up to one year in the county jail along with fines and possible probation. Resisting without violence is not responding to an officer’s lawful command as they’re conducting business as an officer. So what that could be is providing a wrong name, leaving when an officer commands you to stay or perhaps not putting your hands behind your back.
Resisting with violence is a felony, punishable by up to five years in state prison, or five years probation along with fines and cost. Resisting with violence is an intentional, willful act to threaten or actually cause harm to an officer while they’re conducting their duties.
If you’ve been charged with resisting an officer, whether with violence or without, call Flaherty Defense Firm to get the help that you need.