We’ve previously discussed the criminal and civil liability of the posing as doctors. Alcalira Jimenez De Rodriguez, 56, follows a familiar pattern in performing cosmetic surgeries without a license. Among the criminal charges however is concerning.
A guy claimed he was disfigured by Jimenez De Rodriguez at a botched nose job. Vincenzo Zurlo had another rhinoplasty operation but it still was deformed so that he asked for her license and insurance. She allegedly declined and was later arrested.
These cases frequently involve both criminal and tort cases. In negligence cases, the defendant is frequently subject to the standard of the profession to determine culpability. Therefore, if you hold yourself out as a doctor, you’re subject to the quality of a sensible doctor.
What was notable nonetheless was the cost of practicing medicine without a license (that was later elevated to a second-degree felony because of the individual’s disfigurement). She was charged with”resisting arrest without violence” We’ve previously discussed that charge that’s nebulous and debatable. In this case, the police state Jimenez De Rodriguez tensed her arm pulled off when she was being handcuffed.
Here is the provision:
843.02 Resisting officer without any violence to his or her individual. –Whoever will resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8 ) ), or (9); member of the Florida Commission on Offender Review or any administrative aide or manager employed by the commission; county custody officer; parole and probation manager; employees or representative of the Department of Law Enforcement; or other individual legally authorized to execute procedure in the execution of legal procedure or in the lawful execution of any lawful duty, without doing or offering violence to the individual of their officer, will be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Resisting or opposing without violence is extremely vague and permits for prosecutors to stack on additional fees (which include pressure for defendants to accept plea agreements). What constitutes resisting can seemingly be as small as tensing an arm or moving as restraints are being implemented. That produces a dangerously fluid and subjective basis for criminal charge, even only a misdemeanor.