On Feb 16, 2009, at 9:35 PM, [email protected] wrote:

> Jillian McCarney allegedly attempted to strike the officer with her  
> left shoulder

A strange move for an attempted assault, unless one has already been  
grabbed and is being restrained.

In that context, a little tough to draw the line between flailing  
about and assault.

Had she been placed under arrest for disorderly house (I can't wait  
to tell my kids that that is a crime), when the proper charge would  
be resisting arrest without violence.

Had she not been placed under arrest, I think that she is within her  
rights to resist being restrained, and that resistance is being  
called "assault" as the officer was offended by her comments.

-Zeb


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