Spring breaker Chris Brennan, 18, was arrested for resisting arrest without violence and criminal mischief with property damage under $200 in Fort Myers after allegedly smashing bottles at a beach resort at around 2AM earlier this March. After an officer was called to the scene Brennan was placed in the back seat of the Officer’s patrol car, presumably for officer safety, while he questioned the other two lads Brennan was juggling bottles with. Though this offered Officer Friendly a sense of safety it did not do the same for his sandwich, cell phone, and water bottle. After placement of Brennan in the back of the car, Brennan was able to navigate his pee stream to the front of the car and onto the Officer’s personal wares, assuring Brennan’s arrest where it may not have been set in stone prior to the pee. To Brennan’s credit he did warn the officer prior to his actions through his statement, “I will piss in your car!” Next time this Officer will pay attention I’m sure.
The candle does not burn bright with this one. For what it’s worth, had Brennan chosen not to marinate the Officer’s sandwich against his will he could have had a shot at a Notice to Appear and moved on without being hauled to the big house. That doesn’t make for a good story though… He now must play the hand he’s dealt and that happens to be two misdemeanors. The more serious, though less interesting, of the two crimes is the resisting arrest without violence charge. This is pretty self explanatory in that the State must show that Brennan resisted, opposed, or obstructed this officer while the officer is in the execution of his legal duty and in doing so, did not use violence. Oddly, this Tampa criminal lawyer is questioning whether this particular charge can be proven if based on the potty facts. Brennan was already detained and the simple act of peeing on a sandwich doesn’t seem to offer any resistance, opposition, or obstruction to an officer. I think many Tampa criminal attorneys would find this situation kind of interesting. There may be more to this.
As for the criminal mischief charge resulting in damage less than $200, that’s a slam dunk. The State must and will prove that Brennan willfully and maliciously damaged the property of the Officer. So long as there is value of any kind, the case can be made with respect to the charge elements and should the State be able to establish a value of the items damaged, they can establish a restitution amount.
Where the real consequence may come for Brennan is the fact that he was so disrespectful of the Officer. Like it or not, these things are considered by both Judges and Prosecutors and often a defendant’s actions make it much more difficult for his Tampa criminal attorney to negotiate an acceptable plea. In turn this could force the case to trial and if the facts are poor and the client is convicted they could face even more jail time than a negotiated offer or a plea to the Court. Tampa criminal lawyers would tell you that though the facts of this case offer a laugh, they are facts that are hard for an attorney to work with. Regardless, Brennan has made his bed, peed in it, and now must lay there and endure the repercussion as his case is likely not trial worthy.
The criminal attorneys at The Mayberry Law Firm are available for a free consultation at 813-444-7435 or 727-771-3847.