Resisting An Arrest In Florida
If law enforcement accuses you of interference during an arrest, you could face significant legal consequences. My name is Adam Chrzan, and I am a criminal defense attorney in Vero Beach. I founded my firm to help members of my community who have been accused of crimes. With more than 20 years of legal experience, including time working as a prosecutor, I provide my clients with straightforward and aggressive representation.
Is It A Crime To Resist Arrest In Florida?
Yes, it is a crime to resist arrest in Florida, and there are two different types: resisting without violence and resisting with violence. In both cases, prosecutors must prove that the officer was acting lawfully at the time of the alleged resistance.
Resisting An Arrest Without Violence
Under Florida Statute 843.02, it is a crime to obstruct, resist or oppose an officer without using or threatening to use violence. This could involve actions like giving false information, hiding or running away, which is often referred to as passive resistance. Resisting arrest without violence is a first-degree misdemeanor. A conviction can lead to up to one year in county jail and up to a $1,000 fine.
It’s important to remember that even if you believe your arrest is unlawful or a false arrest, you still have a duty not to physically resist. Your right to challenge an unlawful arrest comes later in court.
Resisting An Arrest With Violence
Under Florida Statute 843.01, it is even more serious to resist an arrest with violence. Resisting arrest with violence occurs when you use or threaten to use violence against an officer while they are trying to perform their legal duties, such as making an arrest. This might involve pushing, striking, or other physical actions and is considered active resistance. If the resistance includes direct physical harm to the officer, it could also lead to a charge of battery against law enforcement.
Resisting an arrest with violence is a third-degree felony. A conviction carries much harsher penalties, including up to five years in state prison and up to a $5,000 fine.
What Are The Defenses To Resisting Arrest?
Your defense might involve challenging whether the officer had a lawful reason to detain or arrest you. You can also demonstrate instances of police misconduct, such as the use of excessive force or potential Miranda rights violations. Bodycam evidence and witness testimony can be crucial in building your defense.
If you have been arrested in Indian River County for resisting arrest, evading a police officer or obstruction of justice, it is important to seek legal advice from an experienced criminal defense lawyer as soon as possible. Do not speak to law enforcement without an attorney present.
Consult A Florida Resisting Arrest Defense Lawyer For Free
I am available by appointment, and I offer free initial consultations. You can schedule your free appointment by calling 772-410-3722 or by sending me a message. I am available every day of the week, at every hour of the day, because I understand that legal concerns don’t always arise during business hours.