In Florida, resisting arrest without violence is considered to be a first-degree misdemeanor. Penalties include fines, jail time, and a mark on your permanent criminal record should you be convicted. Do not leave anything to chance when the stakes are this high. Contact Herman Law, P.A. to secure knowledgeable and skilled criminal defense representation.
What is Considered to Be Resisting Without Violence?
Florida law defines resisting without violence as a non-violent obstruction of a law enforcement officer in the process of performing a legal duty. Arrest is included in this, but obstructing other police activities can also land you with this type of charge. These police activities include:
- Arresting or legally detaining a person
- Serving process
- Asking someone for help with an ongoing emergency
In addition to proving the defendant obstructed an officer while the officer was performing a legal duty, the prosecution must also be able to prove that the defendant knew that the officer was, in fact, a law enforcement officer. If the officer was undercover or in plain clothes, a person would not necessarily know that their actions were, in fact, obstructing a law enforcement officer from conducting a legal duty. This is a defense to a resisting without violence charge.
If found guilty of resisting without violence, you face up to 1 year in jail or a 12-month probationary period. You will also incur a $1,000 fine. Additionally, the conviction will end up on your permanent record.
What Are Some of the Defenses to a Resisting Without Violence Charge?
Some common defenses to a charge of resisting without violence include:
- Disputing that resistance was presence. It is often shown that a defendant’s actions did not rise to the level where actual resistance occurred. Proof of the existence, non-existence of resistance can come in the form of things like videos of the incidence or witness testimony.
- The alleged act of resistance was involuntary. A defendant must have had an intent to obstruct the law enforcement officer in performing a legal duty. If an involuntary action led to an obstruction of such a duty, then a resisting without violence charge would not hold. Sometimes a person will tense under the pain of being handcuffed or have certain defensive reflexes when injured or under threat of injury. These involuntary reflexes would not be enough to constitute resisting.
- The arrest was illegal. If the arrest or detainment of an individual was about to happen without probable cause or reasonable suspicion present, then a jury could find that running away or other actions of obstruction were not preventing the execution of a legal duty of the officer.
Defending You Against All Criminal Charges.
A misdemeanor charge may not seem like a big deal. The truth is that being charged with any crime has serious repercussions that go beyond the potential jail time, probation, and fines. A criminal conviction on your permanent record will follow you indefinitely. You may need to disclose your record to potential employers. A record may also prevent you from securing living arrangements. Talk to Attorney Ron Herman if you are facing a criminal charge. He will be forthcoming about what you are up against and lay out a sound legal strategy you can depend on to fight anything you may face.