Criminal Defense in Your Neck of the Woods
Resisting an officer without violence is a first degree misdemeanor in Florida and is punishable by up to 1 (one) year in jail and a $1000 fine. Statutorily, resisting arrest must be proven by showing (1) the Defendant knowingly and willfully resisted or obstructed an officer (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.
The most common scenario an individual finds themselves faced with this charge is when they run or flee from law enforcement. However, the State must prove that the Defendant knew in fact that the person they were “resisting” was an officer; a more difficult task than one may think. A defense to the charge is that the officers may not have had the proper jurisdiction or grounds to make an arrest or investigation or further that the person acted in self-defense due to officer brutality or excessive force.
Contact Sanford Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have questions concerning Resisting an Officer without Violence.