Resisting with Violence

Resisting Arrest with Violence in Florida

Resisting arrest with violence is classified as a third-degree felony in Florida, carrying penalties of up to five years in prison and a $5,000 fine. To secure a conviction, the State must prove several elements beyond a reasonable doubt:

1. The defendant knowingly and willfully resisted, obstructed, or opposed a law enforcement officer using threats or violent behavior.

2. The officer was lawfully executing a legal duty at the time of the incident.

3. The victim was a law enforcement officer, correctional officer, probation officer, or another individual legally authorized to carry out law enforcement duties.

4. The defendant was aware of the victim’s official status as an officer.

Challenges for the Prosecution

This charge can be difficult for the State to prove, especially when the alleged resistance was not clearly intentional or violent. Like most criminal charges, intent plays a central role. For example, if someone unintentionally brushes past an officer without aggression, that likely does not meet the standard for resisting with violence.

The prosecution must also prove the defendant knew the individual was a law enforcement officer. If the officer was off-duty or not readily identifiable as an officer, this can create room for a strong legal defense.

Potential Legal Defenses

A common defense to this charge is self-defense, particularly if the officer was acting unlawfully or using excessive force. Additionally, if the officer did not have proper jurisdiction or lacked legal grounds to initiate the stop or arrest, it may also form the basis of a viable defense.

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Contact Central Florida Criminal Defense Attorney Ryan Yadav 24 hours a day, 7 days a week, for a free consultation if you or a loved one has been arrested for resisting arrest with violence.