He again refused, and fell to ground in an effort to avoid being placed in handcuffs. At Hanlon Law, Tampa criminal defense lawyer Will Hanlon provides knowledgeable legal representation and can look at the total facts and circumstances to determine which defenses would be sisting an Officer Without Violence. Sometimes the defendant initiates the violence and sometimes the defendant is responding to police brutality and is charged with this crime. This goes beyond the stereotypical scenario of resisting an arrest; any interference in an investigation can constitute Resisting Without Violence. In other cases, an attorney can present a successful defense. 63-433; s. 65-226; s. 3, ch. If there is no actual resistance, opposition, or obstruction, the offense of resisting an officer did not happen. If you find yourself in the position where you are placed under arrest in Florida, go peacefully and calmly as any form of resistance can lead to additional charges. Defenses for Misdemeanor Resisting Arrest Charges. The prosecutor has the burden to establish that you reasonably knew or should have known that the person attempting to arrest you was in fact a sworn law enforcement officer. When facing resisting arrest without violence charges, hiring experienced resisting arrest defense attorneys may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution. The courts have found that the crime of resisting an officer without violence, requires the State to offer proof of the following elements: - the officer was engaged in the lawful execution of a legal duty; and. Requirements include 1) you resisted a law enforcement officer, 2) the officer had the legal authority to arrest you, meaning they were on duty when the arrest occurred, 3) you knew the officer had the authorization to arrest you, and 4) the officer had the legal duty to arrest you, meaning you were breaking the law and the officer was performing their job. Any other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.
Violent Crimes: Resisting a Police Officer With Violence / Without Violence. If you fail to do this, you could be charged with a count of resisting arrest in Florida. Did you have the right to oppose the officer? Related charges include 901361-COPS2060 (MF) FALSE NAME TO LAW ENFORCEMENT OFFICER under Florida Statute Section 901. Plea Bargains – Avoiding Conviction: If it becomes necessary to negotiate a plea bargain with the Prosecutor and Judge, we may be able to raise mitigating circumstances designed to avoid formal conviction or incarceration. If you have been charged with resisting an officer, it is important to hire an experienced defense attorney right away. Involuntary reactions. This can include any type of physical violence, such as striking an officer or throwing an object at them. What are the Elements of Resisting without Violence?
Facing a potential arrest can be a stressful situation. First-time offenders may be eligible for probation, but many people—including those with criminal histories or previous convictions relating to resisting an officer—can be more likely to face imprisonment and fines if convicted. A third defense to any resisting an officer charge is when the crime just did not happen. Refusing to stop when requested by a law enforcement officer. The Court held that the instruction was a proper way of explaining to the jury why the defendant's questioning of the officer (as to why he was being arrested) was not a form of resistance, but a form of lawful inquiry. On this basis, police assumed that our client had somehow been involved with his sister leaving the school. 02 which states an arrest warrant can be issued if a judge examines a criminal complaint and proofs submitted by law enforcement. You will be able to contact me by phone, text or email at anytime with questions about your case.
MOTION_TO_DISMISS_14MM8571. Likewise, adding this second charge might be viewed as excessive or vindictive in nature. 2016 Florida Statutes. Here at Bradford Cohen Law we want to help you in your resisting officer without violence case.
The elements of resisting with violence include the following: - knowingly resisting, obstructing, or opposing a law enforcement officer; - in the lawful execution of any legal duty; - by offering to do violence to his or her person; and. It can include any refusal to obey verbal commands. 71-136; s. 77-174; s. 78-116; s. 21, ch. Our Palm Beach County resisting arrest attorneys will fight to have your charges reduced or possibly even completely dismissed. In such instances, you are allowed to defend yourself if the appearance of excessive force or police brutality appeared to be imminent. Proving the misconduct is particularly important in these cases to fight against an unjust prosecution. A subtler difference between the two related offenses is the insertion of the word "knowingly" in the text of Resisting With Violence; this serves as the mens rea or state of mind required to convict a person accused of Resisting With Violence. John Terrezza has been practicing for years and can utilize his skills for your case. It is not uncommon for a person arrested for resisting an arrest without violence to say that they were just asking the officer a question and were then put under arrest (a related but different charge is the felony offense of resisting an officer with violence). While these types of crimes may not be the most serious charges a person is facing, they can reduce the likelihood of an alleged offender being offered any type of diversion program. While a person may not use force to resist a police officer who is "known, or reasonably appears, to be a law enforcement officer. "
Resisting an Officer / Arrest Without Violence is a first degree misdemeanor, punishable by up to one year in jail or 12 months of probation, and a $1, 000 fine. If your defense attorney is able to prove that you were charged for resisting an unlawful arrest without violence in Florida, your charges may be dropped. We can even take your case all the way to trial. Domestic Violence Results. 2d 930 (Fla. 2d DCA 2005), the Second District Court of Appeal reversed a trial court's decision to disallow a jury instruction concerning the officer's obligation to inform the defendant of the reasons for an arrest. 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. 17, Florida Statutes, requires a police officer to inform a suspect of the reason for an arrest at the time the arrest occurs. You have to know you're resisting the officer and not just coincidentally walking away in the opposite direction.
Often, officers allow their pride and emotions to get the best of them and they make an arrest for Resisting an Officer without Violence as punishment for questioning their authority. 02, the crime of Resisting an Officer Without Violence is committed when a person knowingly and willfully resists, obstructs, or opposes a law enforcement officer engaged in the lawful execution of a legal duty or while serving legal process. Here's Something You Shouldn't Resist: Hiring a Lawyer.
Police were not in the lawful execution of a legal duty. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. Resisting arrest in Florida is a criminal offense because it is classified as a form of obstruction of justice.
For instance, resisting without violence is classified as a misdemeanor of the first degree. A conviction for Resisting Without Violence cannot be sustained where the police officer, at the time of the alleged resistance or obstruction, is engaged in mere "on the job" activities. Because the legal elements of resisting arrest in Florida were not met, the defense concluded that: - The arrest was unlawful. If so, it may be within your best interest to contact John Terrezza at Terrezza Law. A lawyer can help you determine if your arrest was illegal and the next legal steps that you may want to take. An accusation of Resisting exposes you to heavy fines, jail time, and a criminal record. Law Enforcement Officer.
It is classified as a first-degree misdemeanor. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case. For example, a passenger of a motor vehicle who interferes with law enforcement's efforts to conduct a DUI investigation of the driver, is often arrested for the offense of Resisting or Obstructing an Officer without Violence. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment with an assault or battery attorney. Daytona Beach Resisting Arrest Defenses. FAQs About Resisting Charges. Predictably, the statute that contemplates violence is the felony charge, while nonviolent resistance is a misdemeanor.
If you have been arrested for Resisting Without Violence, contact Hussein & Webber, PL for a free consultation. The defense argued that Jay did not obstruct the officer because there was no evidence that the women had committed a crime. The incident arose from an incident at a local high school where our client's sister had left school early without permission. Our criminal defense lawyer will investigate what happened, what the evidence is against you, the relevant statutory law and case law, and will develop the best strategy to defend you throughout your case.
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. Officer's Status Unknown. If the police officer is unlawfully entering a home, the defendant could be justified in their resistance. Call the Law Office of Adams & Luka today to get an experienced attorney on your side that can argue your defenses. Sometimes police officers work other jobs at nightclubs or sport events. The officer was employing excessive force.