Arrested for Resisting an Officer Without Violence? What You Need to Know
Hiring an experienced Fort Pierce criminal defense lawyers is crucial to properly defending against a resisting an officer without violence offense. An attorney can help you prepare a defense, file preliminary motions to get evidence suppress and/or get your cases dismissed. An attorney will review the State’s discovery against you and advice you accordingly. Never engage the State without an attorney or make any admissions to law enforcement, court personnel, or potential witnesses. Doing so, may have a negative impact on your case.
What Is Resisting an Officer Without Violence
Whoever shall resist, obstruct, or oppose any [law enforcement or probation] officer or other person legally authorized to execute process . . . In the law execution of a legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree . . . Florida Statutes Section 843.02.
Resisting an Officer without violence is generally charged in addition to another crime. The most common scenarios involve noncompliance to police authority, tensing up during an arrest, giving false information to law enforcement, evading police when there is a reasonable suspicion that you are involved in criminal activity.
What Are the Penalties for Resisting Without Violence?
This crime is punishable by up to one year in prison and/ or one-year probation and a fine up to $1,000. It is considered to be a first-degree misdemeanor in the State of Florida.
What Are Some Potential Defenses to Resisting an Officer Without Violence?
If the officer is found to have detained the client illegally, this affects the case significantly.
If you were arrested, but charges are dismissed, because the State is unable to prove the crime against you and that charge was the basis of your arrest for resisting an officer without violence you have a defense.
A client may tense up or become nervous naturally. This could lead to a dismissal of the charges.
Absence of Lawful Duty
The officer must be pursuing the client in a manner that is legal and in accordance with their duties. Failure to do so could also result in a dismissal.
Contact Our Law Office and Receive Top Notch Legal Representation
Arrested for resisting an officer without violence? Contact the Fort Pierce criminal defense lawyers at Dadan Law Firm . Give us a call at 772-579-0347 and schedule your free consultation.