What is the name of your state (South Carolina).
I was recently charged with Disorderly Conduct and Resisting Arrest in Charleston, South Carolina. I came out of a bar at 1:15 AM to very crowded and loud streets walking with a male friend of mine and two females. We passed two females on the sidewalk as we were passing they started talking loudly about my friends hair, because he has a crazy afro.
I felt that their comments were very rude especially since we could hear them clearly, so being the classy guy that I am, I yelled "**** y'all Hoes". I was not looking directly at them when I said it, but rather to my side so that it would display an arrogance that although I was confronting them, I didn't want to give them too much attention because I'm cool like that. (Sidenote: It must be said that I in no way take myself seriously, I'm a real jokester).
There was an officer standing close by to my rear right who was giving someone a sobriety test, according to his arresting statement. In seconds, the officer grabbed my arm from behind and starting pushing me towards his car about 15 feet a way. My reaction was like what????!! what's going here?! What is the problem?? When we made it to his car he forced my front against the car and then said that I was under arrest for disorderly conduct for cussing in public an act committed against the city of Charleston as in ordnance # blah blah. So I'm thinking, I'm sure we can talk about this, so I try to turn around to talk to him, because even at this point I have not even had a good look at him face because he had my hands behind my back, so I break my hands free with little effort, and then I turn around where I could talk to him and boom that's when he hit me with some pepper spray point blank to the eyes, ouch!! I was completely immobilized from the OC, although in his report he wrote that I was subdued by OC and a single strike to the common peroneal, but I was not actually struck. The entire incident happened in under one minute.
His statement says that I "actively pulling his arms violently from the handcuffs and backing away" (although my back was towards him the whole time except when I turned around and immediately was peppersprayed). "He continued to resist arrest, backing into a nearby partrol vehicle yelling "no" (didn't happen). The deployment of OC and a single knee strike to common peroneal subdued (me) where he was then taken into custody.
When the arresting officer and another cop who was with him were running my license, I heard the officer say that he thought I was yelling those obscenities at them, which I think would explain why he even went out of his way to arrest me for cussing, while many other people were no doubt doing the same thing (late night bar hopping). He was obviously very pissed at me for some reason because the first thing he did after cuffing me was smack my hat off of my head and then he grabbed my wallet from my back pocket, without opening it or anything and then just threw it violently on the ground.
I'm not sure how to plead, any advice???