The Police are called to a local bar after a drunken patron refuses to leave the location. Management states that the bar fly was thrown out of the establishment when his behavior turned belligerent and violent. When the Police arrived on the scene, they observed the suspect acting out in an erratic and aggressive manner.
The Defendant was shirtless, screaming profanities and throwing his arms in the air as if provoking a fight. After noticing the Police, the Defendant became even more agitated and started kicking a glass entry door to the bar.
An Officer pulled the suspect aside in an attempt to calm him down. During their interaction, the Officer took notice that the Defendant's arms and face were covered in fairly fresh abrasions that were just beginning to scab over. After inquiring about the scrapes, the Defendant told Police that he was involved in a fight downtown the night before. During conversations with the Officer, the Defendant would not lower his voice.
He continued to scream that he would not leave the premises until after he went inside to retrieve his glasses. The Officer explained to the suspect that bar management threw him out and management had no desire for him to return inside. If he agreed to leave immediately following, a back-up Officer would go indoors and retrieve the glasses on his behalf.
The Defendant was obviously unhappy with this compromise because in that moment he grabbed the Officer by the shirt in protest. In response to the threat of injury, the Officer grabbed the Defendant by his wrist and the Defendant turned to run away. The Officer threw the suspect onto the ground and immediately handcuffed him. After being tossed onto the pavement, the Defendant's scabby scrapes from the night before became bloody again. The Defendant was arrested and charged with Battery (on a Law Enforcement Officer) and Resisting Arrest without Violence.
Battery on a Law Enforcement Officer is a charge that is not looked upon lightly by the Court system. Often times, sentences for a battery conviction can be much more stringent than if the crime of battery is committed on a civilian. Battery on Law Enforcement Officers is not only considered to be the Police Officers, but any civil servant; for example a firefighter, paramedic or security guard. Depending on the state the Defendant resides, the penalty for battery on a Law Enforcement Officer is minimally 3 to 5 years in State prison.
The Defendant retained Musca Law Firm to defend the 2 heavy charges against him. The Defense team entered into intense negotiations with the Prosecution over the details of the case. The Defense succeeded with No Formal Finding of Guilt on the charge of Battery on a Law Enforcement Officer. The Prosecution was also convinced by the Defense to drop the charges of Resisting Arrest without Violence. Thanks to the Defense Attorney the Defendant goes on to fight another day!
