Friday, May 3, 2013

Tampa Disorderly Conduct Lawyer

The term "disorderly conduct" gets thrown around relatively loosely by law enforcement officers. But just because you're arrested, it doesn't mean you're guilty of disorderly conduct. Often times (especially in Hillsborough County, FL) officers will arrest and charge someone with disorderly conduct when all they were doing was being drunk and/or annoying to the officer. It's basically a catch-all crime. It's easy to charge somebody, but difficult to prove if the defendant is represented by competent trial counsel.

Florida Statute Section 877.03 defines and proscribes disorderly conduct, as follows:
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct shall be guilty of a misdemeanor of the second degree....

This is not to be confused with Obstructing/Resisting an Officer Without Violence.

To prove the crime of Resisting Officer Without Violence the state has to prove the following fourt elements beyond a reasonable doubt:
1- The Defendant knowingly obstructed or resisted an officer while,
2- The officer was engaged in either the execution of a legal process or duty.
3- AND The Officer was a Law Enforcement Officer, a Correctional Officer, a Probation Officer, AND
4- The Defendant KNEW it was an officer.

Both of these crimes have valid defenses. If you're charged with Obstructing an Officer or Resisting Arrest Without Violence, contact Tampa Criminal Defense Attorney Maj Vasigh to discuss some of the defenses you can bring to fight the charge. 

Cops throw these arrests around pretty loosely on those people who have the audacity to stand up to police misconduct. If you've been arrested call a Tampa Criminal Defense Lawyer now to schedule a consultation.

And now I present to you Ms. Reese Witherspoon being arrested under circumstances that myself and many of my clients are familiar with. What do you think, is this a valid arrest?

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