What is Resisting Arrest in Florida?
Being arrested is a very serious, and very stressful, situation. While it may seem as though fleeing, resisting being handcuffed, or refusing to get into a police car are ways to protect your rights, they are not. In fact, these actions may result in additional charges for resisting arrest, which is not the minor offense many people think it is. Below, one of our Fort Lauderdale criminal defense lawyers outlines more about this offense.
How is Resisting Arrest Defined in Florida?
The law on resisting arrest says that a person resists arrest when they resist, obstruct, or oppose a law enforcement officer from executing their professional and legal duty. The law includes parole and probation officers and representatives of law enforcement agencies.
Resisting arrest is one offense under the broader category of obstructing justice. In the majority of cases, resisting arrest is an additional charge added to the original offense for which the person is arrested. Resisting arrest typically falls into one of two categories: with or without violence.
What is Resisting an Officer Without Violence?
In its simplest terms, resisting an officer without violence is exactly as it sounds. It means resisting or opposing an officer without committing violence. This may include:
- Interfering with an official investigation
- Providing false information
- Refusing to comply with verbal commands
- Verbally refusing arrest
- Tensing your arms or legs to avoid being taken into custody
- Fleeing the scene of arrest
Resisting an officer without violence is classified as a first-degree misdemeanor. If convicted, a person faces up to one year in jail or twelve months of probation, and a maximum $1,000 fine. The penalties may be stricter if you have previous convictions.
What is Resisting an Officer With Violence?
Resisting an officer with violence is a much more serious offense. It is defined as using physical force that prevents law enforcement officers from carrying out their legal duties. A person may be charged with the offense if they push, punch kick, hit, slap, or attempt to break free from an officer while they are being detained. Resisting an officer with violence is a third-degree felony. Those convicted will face up to five years in jail and a maximum $5,000 fine.
How to Defend Charges of Resisting Arrest
Defending charges of resisting arrest often involves highlighting weaknesses in the prosecution’s case. The prosecution must prove the following in order to secure a conviction:
- The officer was executing a legal duty
- The officer was actively arresting or detaining you for a crime
- You knew you were actively resisting arrest
- You knew the officer was a member of law enforcement
By introducing reasonable doubt into any of the above elements of proof, it is possible to defend and beat charges for resisting arrest.
Our Criminal Defense Lawyers in Fort Lauderdale Can Help with Your Case
When facing other charges, resisting arrest can result in even harsher sentences. At Haber Blank, our Fort Lauderdale criminal defense lawyers can help you navigate these difficult charges so you obtain the best outcome possible. Call us today at 954-767-0300 or contact us online to schedule a consultation and to get the solid defense you need.
Source:
flsenate.gov/Laws/Statutes/2021/Chapter843/All
