Resisting an Officer
Under sec. 946.41 of Wisconsin Criminal code, it is a Misdemeanor Criminal Offense to resist a Police Officer. Resisting an Officer charge could carry jail time of under 1 year. The elements that the State would have to prove are the following:
The Defendant resisted an officer.
The Officer was doing an act in an official capacity.
The Officer was acting with lawful authority.
The Defendant knew that the Officer was an Officer acting in an official capacity and with lawful authority and that the Defendant knew his/her conduct would resist the Officer.
Resisting an Officer under sec. 946.41 Wis. Stats. is different from Obstructing an Officer under the same Statute. The State charges one or the other. It is important to hire an experienced Wisconsin Criminal Defense lawyer who understands the differences in these charges to aggressively defend against them.