Archive for June, 2012

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New 2nd DCA Case Law on Resisting Officer Without Violence

Monday, June 18th, 2012

Florida’s 2nd DCA issued an opinion recently relating to a charge seen all too often by criminal defense attorneys: resisting officer without violence.

The case is L.C.G. v. State (2D11-2401).  The 2nd DCA held that resisting officer without violence is NOT a necessarily lesser-included offense of aiding escape.

(It should also be mentioned that in this case, the charging document failed to allege the essential elements of resisting an officer without violence, raising a due process argument as well.)

 

<This post does not constitute legal advice nor does it create an attorney-client relationship.>

~Matthews Law Firm, P.A., offices in Bartow, Florida~

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