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Both normally involve some type of physical type of conduct on the part of the defendant. The next question Bradford is asked is what degree of crime is it? The best way to prove a resisting officer without violence charge was false is to hire an experienced West Palm Beach criminal defense lawyer to ensure your rights are protected. What are the possible defenses for Resisting an Officer without Violence?
Additionally, we will analyze the all evidence against you, put the actions of law enforcement under a microscope, and determine if your civil rights were violated. In Florida, Resisting an Officer Without Violence includes any non-violent obstruction of a law enforcement officer during the execution of a legal duty, including arrest. Third-Degree Felony — Maximum sentence of five years in prison and $5, 000 maximum fine. 2d 453, 456 (Fla. 1st DCA 1990); - Evading police when there is reasonable suspicion of criminal wrongdoing. As a first-degree misdemeanor, you can be sentenced to a maximum of one year in jail and $1, 000 in fines.
Did the defendant know the officer was an officer? Often, words alone are insufficient to convict someone of resisting an officer without violence in Florida. However, if officers failed to identify themselves, your criminal lawyer may be able to argue that you did not know that you were resisting an officer. When being unlawfully detained, it may not be in a person's best interests to resist the arrest since this action can result in additional criminal charges.
Asking a person for assistance with an ongoing emergency. A defendant also has a recognized right to resist an officer without violence where the officer unlawfully arrests or detains the defendant. These penalties represent the statutory maximum that is available for the charge, and do not reflect the likely sentence that will be imposed in the vast majority of cases. Finding an Attorney for Obstructing or Opposing an Officer. That's why if you have been arrested or charged with this crime your first call should be to Fort Lauderdale/Miami Defense Attorney Bradford Cohen at our offices at 888 COHEN LAW. You need to ensure that your rights are protected and do everything you can to avoid a criminal conviction. 02 – This article was written by a State Attorney as legal news for law enforcement. An experienced criminal defense attorney from our firm will strive to minimize the effects and ramifications of a resisting without violence charge to allow you to put the case behind you and move on with your professional and personal lives. 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. Refusing to step out of your vehicle when an officer has instructed you to do so.
At the time, the officer was engaged in the lawful execution of a legal duty. No matter the circumstances, being charged with resisting an officer without violence is serious. ", he or she may claim you were being defiant to a law enforcement officer in your tone of speech, and therefore a resisting arrest without violence charge is added. In other words, if the police officer was without authority to arrest you on the original underlying charge, your subsequent charge of "Resisting Arrest without Violence" is subject to dismissal; - The prosecutor is under a burden to show that you reasonably knew or should have known that the person attempting to arrest you was in fact a sworn law enforcement officer. According to Florida Standard Jury Instructions, to prove the crime of Resisting an Officer Without Violence, the State must prove the following four elements beyond a reasonable doubt: 1. Refusing to put your hands up or behind your back when an officer has instructed you to do so. RESISTING AN OFFICER WITHOUT VIOLENCE CASE LAW. Police officers often time use a disorderly conduct charge in a similar way.
Unlawful arrest: Police officers are allowed to legally arrest you under certain circumstances. Did you have the right to oppose the officer? It is important to note that in the state of Florida, either acts of violence or resistance or threats of violence can constitute grounds for a resisting arrest charge. Contact Florida Defense Team, by calling 407-800-2000 or use our online case submission form to schedule a confidential legal consultation. Violent Crimes: Resisting a Police Officer With Violence / Without Violence. Resisting without violence can be: The state prosecutor must beyond a reasonable doubt: "Resisting with and without violence are the most overcharged crimes in Florida and the majority of these charges are trumped up by police to validate their actions". While you may think just explaining the situation will get the resisting charge dropped, once again those protections and statutes are enforced for a reason.
The incident arose from an incident at a local high school where our client's sister had left school early without permission. Is resisting a crime of violence? You knew that you were resisting a law enforcement officer. The prosecutor has the burden to establish that you reasonably knew or should have known that the person attempting to arrest you was in fact a sworn law enforcement officer. West Palm Beach Misdemeanors Attorney. Do NOT face this charge alone, even if (ESPECIALLY IF) you believe you are innocent. I will personally handle all aspects of your resisting arrest without violence case. Can I resist the police? Have you been charged with a crime because you resisted an officer? 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. The definition for Resisting is contained in Section 843. This charge can be brought as a companion or second offense to another criminal charge.
Thus, the charge becomes a third-degree felony under Florida Statute 843. West Palm Beach Resisting Arrest Lawyer. The offense is a third degree felony punishable up to five years in prison. Another potential issue with Resisting charges is that officers may forget to identify themselves to the accused. Admission to this PTD is a four-step process whereby you must be approved by the trial prosecutor, be approved by the trial attorney's supervisor, gain the approval of the police officer and pass a background check. We are former State Prosecutors who learned street-level law enforcement tactics from the inside. 2d 372 (Fla. 5th DCA 1985); Thus, the tensing of one's arms, the turning away from officers, or even taking flight can, in limited circumstances, be justified if the facts show that the officer acted with a level of force that was inappropriate. A violation of this statute is a first degree misdemeanor and carries a maximum sentence of one year in the county jail. If you need defense for a resisting arrest charge or any other type of criminal charge, call The Wiseman Law Firm at (407) 708-9127 or contact us online. The first cause of potential misunderstanding is that most people believe the charge is "resisting arrest. " When there are aggravating circumstances, it is likely that the prosecutor will seek jail time.
Contact us today for a free and confidential consultation to discuss the facts of your case. Resisting without Violence. Our criminal defense lawyer will investigate what happened, what the evidence is against you, the relevant statutory law and case law, and will develop the best strategy to defend you throughout your case. The defense appealed and remanded to the trial court based on these findings. Lawful Investigation. Excessive force is another defense that may be used in the context of a resisting charge. For more information, call (239) 775-1004. This article was last updated by Jason D. Sammis on Friday, December 31, 2021. A lawful investigation requires that the investigating officer have an articulable, reasonable suspicion that a person had committed, was committing, or was about to commit a crime before detaining the person to investigate the crime.