I was charged with resisting law enforcement. The officer tackled me from behind without me knowing he was there, which resulted to both the...

Question

I was charged with resisting law enforcement. The officer tackled me from behind without me knowing he was there, which resulted to both the officer and myself falling onto the concrete pavement. During this incident, the officer cut his hand whilst falling down and was bleeding. Due to this, I am now charged with a Felony D, Resisting Law Enforcement. Can this be thrown out of the court or does the state convict on this Felony because the officer was bleeding (Clearly not my fault)? I ave a pre-tiral hearing due in the next week

Answer

The state could convict because the state clearly does not believe that you did not know the officer was there, and that you were fleeing a lawful order from him to stop. It will depends on who the jury believes, not whether the officer was bleeding or not.