While working for clients charged with assaulting a police officer,I've heard the common refrain: "I only fought back because the policeofficer arrested me for no reason". Fighting back resulted in clientsbeing charged with 4th Degree Assault - Assaulting a Peace Officer,which is a gross misdemeanor and can carry a penalty of up to a year injail. If the officer is injured in the assault, the client facesfelony charges and the potential for 3 years in prison. Often times,the Assault charge inflicted a greater penalty than the charge filed asa result of the arrest. Minnesota does not recognize the right toresist an unlawful arrest or search, unless the officer commits anunjustified bodily attack. State v. Wick, 331 N.W.2d 769, 771 (Minn. 1983).
The moral of this story is if you're being arrested DON'T FIGHT BACK,even if the police arrest you for no reason. That's why you hire anattorney -- we use the law to fight back for you.
Grant S Smith, Esq.
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