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Police: 4 charged with robbery felonies, 1 of them with resisting

Criminal defense attorneys in New Hampshire and other states are accustomed to seeing resisting arrest as an add-on charge when there has been physical contact with the defendant during the arrest. When charging the defendant with felonies, the police may tack on a resisting arrest charge where they anticipate complaints of police brutality. In that instance, a good defense is accomplished by initiating a strong offense.

In a recent arrest in downtown Manchester, one 18-year-old adult and three juveniles were arrested for armed robbery. Apparently, the juveniles are being processed through the juvenile courts. The events arose out of a call from a 25-year-old motorist who told police that he was parked and sitting in his vehicle when four persons approached him. He reported that one of them held a gun to him and demanded his wallet. News reports do not say whether the group obtained the man's wallet, but presumably they did, and at that point they ran off.

After receiving the crime report, police stopped a group of four young people allegedly matching the description. The 18-year-old adult reportedly ran and was caught and held on the ground until backup arrived. Those facts typify the police practice of filing a resisting arrest charge as a defensive weapon in anticipation of potential charges of police brutality. However, it is at least arguable that the defendant did not resist by merely running away, and there appears to be no other claims against him that would prove resisting.

New Hampshire law appears to be amply satisfied with respect to proof of the felonies comprising armed robbery. A question arises as to what was the degree of defendant's participation, if any, in that alleged armed robbery. If the defendant was in fact there but did and said nothing, he may possibly have a defense if at the time he had no intent to participate in an armed robbery. The answer to this issue must wait for further investigations and additional information.

Source: unionleader.com, "Manchester man arrested after armed robbery try reported", Oct. 31, 2016

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