The crime of Resisting Without Violence is a first degree misdemeanor, punishable by one year in jail and a $1000 fine. While a failure to advise of the reason does not, by itself, render the arrest illegal, it can be a factor used to explain to a jury why a defendant's conduct was lawful and reasonable (and therefore not a form of resistance). The charge applies to any acts that interfere with or obstruct the work of an officer of the law. A common question is, "What is resisting an Officer without Violence? " If you have been charged with misdemeanor resisting arrest in Florida, you should contact an experienced West Palm Beach misdemeanors attorney immediately to make sure your rights are protected. Getting Charged with Resisting Arrest.
Our firm has fought hard to protect our client's rights when they are unjustly charged with these offenses. The elements of the offense can also apply to a person legally authorized to execute service of process while engaged in the lawful execution of legal process when the defendant knew the victim was a person legally authorized to execute process. Depending on the specific charge, the consequences may include: - First-Degree Misdemeanor — Maximum sentence of one year in jail and $1, 000 maximum fine. Sometimes the charge is called "resisting arrest" or "resisting an officer. What are some of the consequences for alleged offenders if they are convicted? 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. A person who has been charged with resisting an officer in Florida with or without violence is usually facing other criminal charges.
Pre-trial diversion (PTD) is a program offered by the State Attorney's Office for resisting an officer with and without violence. Are you in need of legal counsel? Please call West Palm Beach criminal defense attorney William Wallshein at 561-533-1221 to schedule a free consultation. There are different penalties to the crime depending on if violence was used or not. A call to discuss your particular case. 02, the resisting an officer without violence statute. Resisting an officer with violence alleges that a defendant knowingly and willfully resisted, obstructed or opposed a law enforcement officer by offering to do or doing harm to him or her.
Attorney Lourdes Casanova is a former prosecutor with thousands of criminal cases under her belt, and a great reputation in the legal community. Meltzer & Bell, P. defends clients in Palm Beach Gardens, Jupiter, Royal Palm Beach, Boca Raton, Riviera Beach, and many surrounding areas. Resisting an officer nonviolently can include warning others that the police are coming, lying, providing a false identity or identification, fleeing after being told to stop, not getting up when asked, or not placing your hands behind your back when asked. Lack of knowledge: As established by Florida law, the prosecution needs to prove that the defendant knew that he or she was resisting a law enforcement officer. If you have been accused of resisting an officer in South Florida, you will want to make sure that you have highly skilled legal counsel. We have fought charges for resisting an officer in Hillsborough County and the surrounding counties of Hernando County, Pasco County, Pinellas County, and Polk County, Florida. Alleged offender's actions did not constitute offering or doing violence. State vs. T. (Fourth Judicial Circuit, Duval County, Florida) (2013)– our Client was charged with Resisting an Officer Without Violence after allegedly pulling away from a police officer and falling to the ground during an attempted arrest. In order for the prosecutor to prove that you resisted arrest, there are four main elements that need to have happened in the situation. Requirements include 1) you resisted a law enforcement officer, 2) the officer had the legal authority to arrest you, meaning they were on duty when the arrest occurred, 3) you knew the officer had the authorization to arrest you, and 4) the officer had the legal duty to arrest you, meaning you were breaking the law and the officer was performing their job.
To sustain a conviction for Resisting Without Violence, a defendant's actions must amount to actual (not perceived) opposition or obstruction. Resisting arrest in Florida is a criminal offense that can lead to severe punishments. 02 – This article was written by a State Attorney as legal news for law enforcement. Another example is a defendant resisting an unlawful arrest or detention.
Jay was free to resist the arrest without violence. These arrests often involve citizens using alcohol and an officer responding to a disturbance. If you wish to speak to a criminal defense attorney, call 727-828-3900 to book a free consultation. Since it is considered a third degree felony, the punishments for this offense include up to 5 years imprisonment and a fine of up to $5, 000. Even if you think you are being unfairly arrested, resisting a police officer can result in criminal charges.
02 Resisting officer without violence to his or her person. Alleged offender used self-defense against an officer's unreasonable use of excessive force. When charged as a violent offense, the official charge is called Resisting With Violence, a third degree felony. However, it is difficult to make the call in the heat of the moment whether law enforcement is in the lawful execution of a legal duty.