Originally Posted by powda
No da I know is going to maintain an asslt pub servant charge on an off duty cop who doesn't identify himself. You'd be looking at a misd A assault.
The reason for the resisting only charge is simple. Think of it like a dwi charge. Cop pulls you over for speeding, finds out your drunk and arrests you. You fight the speeding charge and win...without speeding there can be no dwi so that charge is tossed to. Instead a lot of agencies skip the speeding and only charge dwi. Make sense?
Or they trump up another charge to have reason to pull you over, just saying...