Criminal Defense in Your Neck of the Woods
Resisting arrest with violence is a third degree felony in Florida and is punishable by up to 5 years in prison and a $5000 fine. Statutorily, resisting arrest must be proven by showing (1) the Defendant knowingly and willfully resisted or obstructed an officer by threatening violence or engaging in violent conduct, and at the time (2) the officer was engaged in either the execution of their duties or execution of a legal duty (3) the victim was a law enforcement officer, correctional officer, probation officer or person legally authorized to execute said process and (4) the officer’s status as an officer was known.
Oftentimes this charge is difficult for the state to prove. Like most crimes the prosecutor must show the Defendant acted with intent. If a person merely brushes an officer’s shoulder unintentionally, resisting without violence cannot be shown. Further, the Defendant must know the person who is an alleged victim is an actual officer; if the officer is off duty or if a reasonable person could not identify them as an officer a defense may be presented. Additionally, self-defense can often be utilized when facing this charge if the officer is engaging in unlawful activity or using excessive force.
Contact Central Florida Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been arrested for Resisting Arrest with Violence.