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Acceptance into this program may mean your being excused from attending court appearances at the Pinellas County Criminal Justice Center in Clearwater. Just because an officer is wearing a uniform and is on the job does not mean they are in the execution of a lawful duty. Whoever shall resist, obstruct, or oppose any [law enforcement or probation] officer or other person legally authorized to execute process... Some examples of resisting an officer without violence are: - Struggling with a police officer while being detained. To convict a person for resisting an officer without violence, the prosecution must prove that: - The defendant knowingly and willfully resisted, obstructed, or opposed a law enforcement officer; - The officer was engaged in the execution of legal process or in the lawful execution of a legal duty; - The officer was legally authorized to execute process; and. However, it is difficult to make the call in the heat of the moment whether law enforcement is in the lawful execution of a legal duty.
For a confidential legal consultation, please call 407-800-2000. If the police officer does not have a valid legal basis to arrest you on the original underlying charge, your subsequent charge of "Resisting Arrest without Violence in Daytona Beach" should be dismissed. Another example is a defendant resisting an unlawful arrest or detention. Did you have the right to oppose the officer?
If there is no requisite level of probable cause or reasonable suspicion to arrest or detain the defendant then there is no duty to comply with the officer's commands or instructions. Outcome: Case dismissed. In such cases, a defendant is entitled to a jury instruction on excessive force and/or self-defense (the use of non-deadly force), and can even cross-examine the officer regarding prior complaints of excessive force. This goes beyond the stereotypical scenario of resisting an arrest; any interference in an investigation can constitute Resisting Without Violence. Thus, the charge becomes a third-degree felony under Florida Statute 843. Call 727-828-3900 to book a free consultation. If aggravating circumstance exist in a case, including highly disrespectful conduct or conduct that endangers safety, a prosecutor may seek jail, even for first-time offenders. We recently opened a second office in New Port Richey, FL. This defense often applies if an officer arrests someone without probable cause.
Resisting an Officer Without Violence is any non-violent interference directed at a police officer who is acting pursuant to a legitimate law enforcement function. Florida Defense Team, represents the legal rights and goals of those involved in resisting arrest without violence defense or other criminal defense issues in Orlando, Florida, and the Surrounding Central Florida area. Police officers often time use a disorderly conduct charge in a similar way. Such elements are: - You resisted, obstructed, or opposed law enforcement. 02, you may be charged with obstructing justice if you knowingly or willfully resist, obstruct or oppose law enforcement while they are engaged in a legal duty or serving legal process. An experienced lawyer can help work to get the best possible outcome with the fewest long-term consequences. Employees of the Florida Department of Law Enforcement (FDLE).
If so, it may be within your best interest to contact John Terrezza at Terrezza Law. Conviction for resistance without violence based on flight from officers vacated. The facts and circumstances surrounding each Resisting Arrest without Violence Obstruction charge are unique. Obstructive conduct is almost always required. Casanova Law is a criminal defense law firm in Wellington, Florida with extensive experience in criminal law and litigation, including litigating charges of Resisting With Violence and Resisting Without Violence. Sometimes resisting an officer without violence is a charge brought by a prosecutor to supplement other criminal charges. Failure to Explain Arrest. In other cases, the defendant may have seen or experienced a type of police brutality and was arrested as a result of resisting officers using unlawful force. In E. B vs. State, 851 So. The officer wanted to arrest Jay for obstruction of justice, and Jay fled. Another potential issue with Resisting charges is that officers may forget to identify themselves to the accused.
A refusal to cooperate may not always constitute resisting. Depending on the circumstances, this offense can be classified as: - Resisting arrest without violence. Resisting an officer without violence (also known as obstructing justice) is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. 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. Personnel or representative of the Department of Law Enforcement. While a failure to advise of the reason does not, by itself, render the arrest illegal, it can be a factor used to explain to a jury why a defendant's conduct was lawful and reasonable (and therefore not a form of resistance). First-Time Offenders.
Violent Crimes: Resisting a Police Officer With Violence / Without Violence. Avoiding the arrest of a suspect. A common mistake made by law enforcement when charging someone with Resisting is failing to articulate the "duty" that the police were lawfully executing at the time of the alleged resisting. Call 772-579-2771 for a free consultation. Lack of knowledge of an officer's status is often an issue in situations where the officer is off duty, in plain clothes, in an unmarked police car, or is acting undercover.
However, more serious actions of resistance can include concealing evidence, evading the police when they have a reasonable suspicion of criminal wrongdoing, inciting others to interfere with police activities, or presenting an invalid identification upon a lawful arrest. If the officer was not in uniform, then the defendant could not know that the officer was an officer. Florida law prohibits anyone from resisting a law enforcement officer with or without violence. For example, we can help review the body cam or dashcam footage to determine whether the behavior should have been considered "resisting arrest. Contact us or call us at (561) 671-5995 to set up a consultation immediately. Resisting arrest is resisting, obstructing or opposing law enforcement in the course of a lawful arrest. Elements of the Offense. Illegal arrest or detention.
Michael v. State, 884 So. 2d 1024 (Fla. 1st DCA 2001); Jackson v. State, 463 So. Probable cause exists where the facts and circumstances within the officer's knowledge are reasonable trustworthy and sufficient to warrant a reasonably cautious belief that an offense has been committed. We will inform you of your legal rights and options in the defense of your resisting arrest without violence charges, as well as the other criminal charges you may be facing.