the day before i went to court for the charge i recieved a letter in the mail from the courts notifying me that i am being charged with resisting arrest with violence. how and why is this possible?
Although you may have gotten arrested for a misdemeanor, the state has the discretion to file on a felony resisting With Violence if they feel they can prove it. However, that may mean you have more defenses to the charge. I suggest you contact an attorney right away as this charge is punishable by up to 5 years in prison. You can call me at my website number below.
DUI / DWI Attorney
The how and why only the State knows. Here are some practical reasons. The officer may have pushed for the more serious charge based on a supervisor subsequently reading his report. That issue has to do with use of force on you and avoiding liability. The facts of your case must be reviewed by your attorney in private and not published here on a public site. I will say this, when you were arrested the officer filed an affidavit setting forth his probable cause for the arrest. If the facts subsequently change to support the Felony, the testimony and the truthfulness may be subject to attack by your attorney. Bottom line on this is you need an attorney to help you with your case. Good luck!!
That's bad news, your case went from a misdemeanor arrest to a felony resisting officer with violence. But, it's also good news, in the sense that the arresting officer DID NOT think you were guilty of such an offense! In many cases, there's a fine line between a resisting an officer without violence and resisting an officer with violence.
A resisting WITHOUT violence is a much easier charge to defend, because a citizen is entitled to resist without violence in many different circumstances. The same cannot be said for resisting WITH violence, as the courts have held that there are NO circumstances in which a citizen my "lawfully" resist with violence. check out my web link listed below for more info, and you should speak with Mr. Epifanio asap!
It's possible because the State Attorney's Office controls what charges are to be filed. The officer merely makes an arrest and indicates what he thought the crime was. The SAO can always increase or decrease the charge, even during trial under some circumstances. You need to contact a criminal defense attorney as soon as possible.
I practice criminal defense in Tampa and feel free to call me at 813.453.6396 to discuss your options. Good luck.