Resisting arrest by a Florida law enforcement officer could result in penalties that could lead to higher charges than those for which you were originally arrested. Resistance to arrest can happen in two ways: violently or passively. None of that is good, but that violence obviously carries weight. Sometimes even enough weight to be considered a crime.
Resistance to nonviolent arrest is defined in the definition of the Florida Statute § 843.02. It occurs when you willfully resist, obstruct, or oppose a law enforcement officer while the officer is engaged in the lawful performance of a legal obligation or in a judicial proceeding. This debt is classified as a first-degree misdemeanor. If you are convicted of resisting violence, the penalties include up to 1 year in prison, up to 1 year of probation, as well as up to $ 1,000 in fines.
If you resist arrest in a way that shows violence, then you are in another world of trouble. Resisting arrest by force is a very grave charge. It is defined in Florida Statute § 843.01, which states that it is when you intentionally obstruct, oppose, or resist a law enforcement officer by engaging in or threatening violent conduct against the agent who was legally performing a legal duty. Resisting an officer with violence is a third degree felony. This can be punishable by up to 5 years in prison, 5 years probation and a $ 5,000 fine.
Of course, there is reason to prevent your detention which may be to protect you. If the arrest is illegal and there is no evidence for arrest or if you do not know that the police officer is actually a law enforcement officer. Excessive force can also be a factor. Self-defense is permitted but only to the extent that it is deemed necessary – and this is a very fine line.
If you or someone you know is charged with resisting arrest, it is imperative that you consult an experienced criminal defense attorney to defend your case. There are situations when this can be handled in a way that the law is on your side, but you cannot prove this on your own. Give the Reyes firm a call today at 833-4-BAD DAY (833-422-3329) to explain your case to him. Their attorneys got decades of experience and is committed to each and every one of his clients.
