New 2nd DCA Case Law on Resisting Officer Without Violence
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~