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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27454
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A first time felony arrest for resistingw/violence and battery

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A first time felony arrest for resistingw/violence and battery of an officer is up to 5 years each and 5,000.00 each. Is it likely to be reduced to probation without fines?

Hello Jacustomer,

My name is XXXXX XXXXX I am an experienced criminal defense lawyer. I can assist you with this problem

In my experience, usually cases with these charges are overcharged. That is, the defendant may have struggled a little and the officer sprained his wrist while trying to cuff him, so it's charged as an assault/battery of an officer. Sometimes also these charges are made just to cover the officer's tail because the defendant was beaten up pretty badly. Also, if the officer can say he was injured he can take several weeks off with pay for a line of duty injury. So there are a lot of ways to come at a case like this, and I'm pretty confident your friend's public defender knows all about this sort of thing too.

Of course, it's also possible that your friend did commit battery, but I have never seen one of these indicted without very serious injuries to the officers and ugly and unfavorable circumstances for the defendant. These are generally reduced to misdemeanors and resolved with nothing worse than probation, unless your friend would want to take the matter to trial.

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