Q: Officers tried to arrest the wrong person
At a private family gathering, officers approached a family member and with force, tried to arrest him. Without explaining why he was being arrested, he acted in self-defense and hit the officer trying to arrest him. During the incident, the accuser told another officer that was the wrong guy they were arresting but since he struck the officer, he was arrested and charged with the following...
-WILLFUL OBSTRUCTION OF LAW ENFORCEMENT
-CRIMINAL TRESPASS DAMAGE
-TERRORISTIC THREATS AND ACTS
-SIMPLE BATTERY AGAINST POLICE OFFICER
He was denied bond and is currently in jail awaiting trail. What or how would this case be handled since it all started due to an accuser pointing to the wrong person to be arrested in the first place.
A: A suspect does have a legal right to stop an unlawful arrest. He/she is only allowed to use the amount of force being used against them. As such, this becomes a very fact specific argument for the defense. If the amount of force used was more than necessary, then the charge(s) could hold up. In the alternative, there are several cases that are clear on this issue that the suspect has the right to obstruct an unlawful arrest. Hire an attorney willing to fight this case. Good luck
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