Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Recent Wins

The client was charged with Resisting without violence and disorderly intoxication. He was attending his own wedding at the Tradewinds Hotel at St. Pete Beach, Florida when things got out of control. The client became intoxicated at one of the hotel bars and became belligerent. He was asked to leave by hotel security, but initially refused. He eventually left after a brief verbal altercation with the manager. As he exited the hotel lobby he was confronted by St. Pete Beach Police and more hotel security.

This particular hotel is quite large, and is not unfamiliar with these situations. It is a destination for beach goers and many tourists. In this particular case it appeared that the Hotel overreacted to a situation that had already subsided. As we pointed out the client had left the bar and was posing no threat to anyone. Despite that fact he was confronted by St. Pete Beach Police and more security. The client was an imposing figure to security. A former college football player. While his size should be unimportant to these facts we feel it played a large role in his arrest. Before he left the bar he mouthed off to the manager. This disrespect led to more police intent on putting our client in his place.

As the client was simply returning to his room he was confronted with the St. Pete Beach Police and hotel security who ordered him to get on the ground. The client refused because he had done nothing wrong. This fact becomes very important in the resolution of this case. While the client was arrested for Resisting a Police officer Without Violence you cannot be convicted for resisting an unlawful arrest without violence. In other words if the law enforcement officer is unlawfully arresting a suspect he can lawfully resist, as long as he does so without violence. This same rule does not apply in regards to resisting an officer with violence. You can never resist a law enforcement officer with violence. Even if his arrest is unlawful.

Nonetheless, when the police arrived they immediately drew their tasers. The police claimed that the tasers were drawn because our client clinched his fist. This fact was disputed by our client and his witnesses. When the client refused to get on the ground he was tased. He was eventually arrested for Resisting an officer without violence and disorderly conduct.

The disorderly conduct charge also proved difficult for the state to proceed on in that the charge requires the defendant's conduct to cause a disturbance which causes other's to gather. The disturbance in this case never caused anyone to gather, and was triggered by the law enforcement officer's handling of the situation.

To learn more about resisting without violence or disorderly conduct call us at 813-228-7095 or link to us at tampa criminal attorney.