Client charged with a Felony Violation of Penal Code 69, Resisting arrest with force and Violence. Our client was trying to remove a person who was refusing to get out of his car. The passenger had gotten in to the car and was refusing to leave unless our client gave them money.
The off duty police officer was not wearing his uniform of carrying his badge, and he was not in his police car. The off duty police officer tried to intervene and without asking any questions or doing any investigation assumed that our client was committing the crime of Penal Code 273.5, commonly known as Battery on Spouse or Cohabitant. Based on the wrongful assumption that our client was committing a crime, our client was thrown to the ground and he tried to pull away from the officer.
Our client was also charged with a battery on the person who he was trying to remove from his car.
Our client was offered a deal for no jail time and a misdemeanor Penal Code 148.1 Resisting arrest, But he did nothing wrong and refused to plead guilty for something he didn't do. He was found not guilty of Felony PC 69, not guilty of the lesser included charge of PC 148 and the jury hung on the misdemeanor battery charge and it was later dismissed by the district attorney after finding out that the Jury voted 10 for not guilty and only 2 for guilty.