Resisting an Officer / Arrest Without Violence is a first degree misdemeanor, punishable by up to one year in jail or 12 months of probation, and a $1, 000 fine. No matter the circumstances, being charged with resisting an officer without violence is serious. Even if you think you are being unfairly arrested, resisting a police officer can result in criminal charges. For example, if an officer and another person have a consensual encounter, and the person gives false information or fails to cooperate, this does not constitute obstructing an officer because it was not part of an investigation.
It can include any refusal to obey verbal commands. In many cases, a Daytona Beach resisting an officer without violence or resisting arrest without violence is stacked on by police to supplement other charges. Terrezza Law can advise you on the proper course of action and what your possible legal avenues are. Resisting arrest in Florida is a criminal offense that can lead to severe punishments.
The state prosecutor has to prove beyond a reasonable doubt: The police officer has to be engaged in the execution of a legal duty. If your defense attorney is able to prove that you were charged for resisting an unlawful arrest without violence in Florida, your charges may be dropped. In a scenario as such, you always have the right to defend your body if police brutality is taking place. If the police officer was working the "job" but not executing a legal duty, then the defendant could not have been resisting the police Nicolosi v. State; see also Bryan v. State. CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.
With his knowledge and skills, he can formulate a strong defense for your case. Whether or not you believe you are justified in resisting law enforcement, it is better to comply with orders in the moment and take legal action afterward. When you have a "resisting arrest" charge, it is usually coming alongside another charge because you were already being arrested. Our goal is to get your case dismissed. Violation of D. V. Injunctions. Florida law provides for two different types of resisting charges: - Resisting an officer without violence is a first-degree misdemeanor; and. First degree misdemeanors are the most serious misdemeanors in Florida, punishable by jail terms of up to one year and fines of up to $1, 000. In Albury v. State, 910 So. An officer claiming you were resisting arrest can be argued.
If you have been accused of resisting an officer charges in Orange County or Seminole County then call me to discuss your case. A Daytona Beach resisting an officer without violence case is a serious criminal offense. Michael v. State, 884 So. If the prosecution is unable to prove that these four elements of resisting arrest occurred, they might not be able to bring the charges against you. The officer in question was not acting within their lawful duty at the time of the incident. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. It is legal to passively resist an improper or illegal arrest... Resisting arrest in Florida is a criminal offense because it is classified as a form of obstruction of justice. Resisting Arrest without Violence & Obstruction charges may be: - Subject to an abuse of discretion by law enforcement; - Exaggerated in terms of the alleged conduct of the person arrested; - Alcohol related which greatly contributed to friction between the parties. A police officer can charge someone with resisting even when the person was not a suspect of any other offense; the act of resisting, obstructing or opposing a police officer alone constitutes a basis for an arrest. 2d 252, 254 (Fla. 4th DCA 2000); - Concealing evidence. He has been defending clients accused of obstruction of justice charges for years.
The defendant then ran away. Porter v. State, 582 So. Resisting arrest with violence involves using physical force against the law enforcement officer. Similarly, the First Amendment will not protect you if an officer sees a crime and tries to make an arrest, but you warn the suspect about the police in order to stop the suspect from being apprehended. Absence of Lawful Duty. Not Aware the Person was a Police Officer.
In addition, you can be charged with obstructing justice if you resist, obstruct or oppose any of the following while they are executing a legal process or in lawful execution of a legal duty. Contact us or call us at (561) 671-5995 to set up a consultation immediately. The defendant's action constituted obstruction or resistance of that lawful duty. It is classified as a first-degree misdemeanor. There are some circumstances, however, where words can satisfy the "resisting" element. Contact us today for a free and confidential consultation to discuss the facts of your case. Rather the words must usually be accompanied by obstructive physical conduct to support a conviction for Resisting Officer Without Violence.
Lawful Investigation. The law states police officers can lawfully arrest a person without a warrant if any of the following factors are included in the commission of the crime: National Police Accountability Project – Visit the official website for the non-profit organization known as NPAP or the National Police Accountability Project (NPAP), which is dedicated to protecting human and civil rights for individuals who have encounters with law enforcement. The officer may or may not have the legal authority to command the person to do something (leave the public area, be quiet, stop walking away, etc. We Are Experienced St. Petersburg / Clearwater Criminal Defense Lawyer Can Help. A person is justified in the use of reasonable force to defend one's self against an officer who uses excessive force to make an arrest or engages in police brutality. Since a resisting charge often arises during an arrest or investigation for a separate crime, one defense may be that the officer lacked the reasonable suspicion or probable cause to either detain or arrest the individual in the first place. An experienced lawyer can help work to get the best possible outcome with the fewest long-term consequences. Just because you aren't pushing an officer in an attempt to avoid an arrest, it's important to remember you can still be charged with resisting depending on how you react when placed under arrest. 02 as obstructing an officer while the officer is in the execution of a lawful duty. 02 states, in part, "whoever shall resist, obstruct, or oppose any officer… in the lawful execution of any legal duty without offering or doing violence" is guilty of a first degree misdemeanor.
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