Scenario: Officers respond to a 911 call of a disturbance in progress involving a weapon. Upon arrival they are confronted by an aggressive armed male inside the residence. They forcibly disarm him and attempt to detain for officer safety on the premise of possible further weapons. He resists the detention and force is required to affect the detention. He is ultimately arrested for resisting as well as other FV charges. The penal code statute for resisting does not contain an element for detention. In light of Vaughn v. State, what are the charging options?
Under Vaughn, it was clear that the defendant was not doing anything illegal and that it was simply a detention and not an arrest. In your facts, there is information provided that the suspect was possibly engaged in criminal activity for which he could be arrested. And even if there wasn't probable cause for an arrest, if the actions of the police demonstrate that he was being arrested (and not merely detained), resisting is still an available charge - illegal arrest is no defense.
If you were simply interested in knowing additional plausible charges based on the limited information you have provided, interference with public duties and assault of a peace officer both come to mind.
Thanks for the clarification. There was some debate as to whether or not resisting could be filed if circumstances would not justify an arrest at that point, merely a detention.
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