Herman Law

Resisting Without Violence

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:

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:

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.