Florida Resisting Arrest Attorney
Resisting Arrest Charges in Florida: A Comprehensive Guide to the Law, Penalties, Offenses, Potential Defenses, and Hiring a Lawyer
Resisting arrest is a criminal offense in Florida that occurs when a person intentionally obstructs or opposes a law enforcement officer who is executing a legal duty, such as making an arrest or conducting an investigation. This article provides an in-depth analysis of the laws governing resisting arrest charges in Florida, the potential penalties associated with these offenses, and the various defenses that may be available to those facing such charges. Additionally, we discuss the importance of hiring an experienced criminal defense attorney to represent you in a resisting arrest case.
The Law Governing Resisting Arrest Charges in Florida
In Florida, resisting arrest charges are governed by two main statutes, which differentiate between resisting an officer with violence and resisting an officer without violence:
- Resisting an Officer with Violence (Florida Statute 843.01) - This occurs when an individual knowingly and willfully resists, obstructs, or opposes a law enforcement officer by threatening violence or engaging in violent conduct towards the officer. This is considered a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.
- Resisting an Officer without Violence (Florida Statute 843.02) - This occurs when an individual knowingly and willfully resists, obstructs, or opposes a law enforcement officer without engaging in violent conduct or threatening violence. This is considered a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
Both statutes require that the officer be engaged in the lawful execution of a legal duty and that the individual be aware that the person they are resisting is a law enforcement officer. Law enforcement officers include police officers, probation officers, correctional officers, and other individuals who are authorized to carry out arrests and investigations.
Penalties for Resisting Arrest in Florida
As mentioned above, the penalties for resisting arrest in Florida depend on whether the individual is charged with resisting an officer with or without violence:
Resisting an Officer with Violence (Third-Degree Felony)
- Up to five years in prison
- Up to $5,000 in fines
- Probation for up to five years
Resisting an Officer without Violence (First-Degree Misdemeanor)
- Up to one year in jail
- Up to $1,000 in fines
- Probation for up to one year
In addition to these penalties, individuals convicted of resisting arrest may face additional consequences such as a criminal record, difficulty obtaining employment or housing, and loss of certain civil rights (e.g., the right to vote or own a firearm).
Common Offenses Related to Resisting Arrest Charges in Florida
In many cases, resisting arrest charges are accompanied by other criminal offenses. Some common offenses that may be charged alongside resisting arrest include:
Battery on a Law Enforcement Officer - This occurs when an individual intentionally touches or strikes a law enforcement officer against their will or causes bodily harm to the officer while they are engaged in the performance of their duties. This is a third-degree felony in Florida, punishable by up to five years in prison and a fine of up to $5,000.
Assault on a Law Enforcement Officer - This occurs when an individual intentionally threatens, either by word or act, to commit violence against a law enforcement officer while the officer is engaged in the performance of their duties. This is a third-degree felony in Florida, punishable by up to five years in prison and a fine of up to $5,000.
Fleeing or Attempting to Elude a Law Enforcement Officer - This occurs when an individual intentionally flees from or attempts to elude a law enforcement officer who has ordered them to stop their vehicle or has otherwise given a lawful command. This offense can be charged as a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000, or a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500, depending on the circumstances.
Obstruction of Justice - This occurs when an individual knowingly and willfully obstructs, impedes, or interferes with the administration of justice or the due process of law. This can include tampering with evidence, providing false information to law enforcement, or impeding an investigation. Depending on the specific offense, obstruction of justice can be charged as a felony or a misdemeanor, with penalties ranging from probation to imprisonment.
Potential Defenses to Resisting Arrest Charges in Florida
There are several potential defenses that may be available to individuals facing resisting arrest charges in Florida. These defenses will depend on the specific circumstances of each case, and an experienced criminal defense attorney can help evaluate the strength of each defense. Some common defenses include:
Unlawful Arrest - If the arrest was not lawful (e.g., the officer did not have probable cause), then the individual may have a valid defense to a resisting arrest charge. However, this defense may not apply if the individual used violence or threats of violence while resisting the arrest.
Self-Defense - If the law enforcement officer used excessive force or engaged in conduct that placed the individual in reasonable fear for their safety, the individual may be able to claim self-defense. In such cases, the individual must demonstrate that their actions were a reasonable response to the officer's use of force.
Lack of Knowledge - If the individual was not aware that the person they were resisting was a law enforcement officer, they may have a valid defense to a resisting arrest charge. However, this defense may be difficult to prove if the officer was in uniform or otherwise clearly identifiable as a law enforcement officer.
Mistake of Fact - If the individual reasonably believed that the officer was not engaged in the lawful execution of a legal duty, they may have a valid defense to a resisting arrest charge. This defense may apply if the individual believed, for example, that the officer was impersonating a law enforcement officer or was engaged in illegal conduct.
Hiring a Lawyer for Resisting Arrest Criminal Charges in Florida
If you are facing resisting arrest charges in Florida, it is crucial to consult with an experienced criminal defense attorney as soon as possible. A skilled attorney can help you navigate the legal process, evaluate the strength of your case, and identify potential defenses.
An attorney can also:
- Communicate with law enforcement and the prosecution on your behalf
- Negotiate plea agreements or reduced charges
- Represent you in court hearings and at trial
- Help you understand the potential consequences of a conviction and advise you on the best course of action
Resisting arrest charges in Florida carry serious penalties and can have a lasting impact on your life. It is essential to understand the laws governing these charges, the potential defenses available to you, and the importance of hiring an experienced criminal defense attorney to protect your rights and fight for the best possible outcome in your case.
Why is Musca Law, P.A: Considered a Top-Rated Criminal Defense Law Firm in Florida?
Musca Law, P.A., is considered a top-rated criminal defense law firm in Florida for several reasons. The firm has built a strong reputation for providing high-quality legal representation to clients facing a wide range of criminal charges, including resisting arrest. Here are some of the key factors that contribute to Musca Law's top-rated status:
Experienced Attorneys: Musca Law boasts a team of highly skilled and experienced criminal defense attorneys who have extensive knowledge of Florida's criminal laws and legal procedures. Their attorneys have successfully represented clients in a variety of criminal cases, including those involving DUI, drug offenses, domestic violence, and resisting arrest, among others.
Personalized Attention: Musca Law understands that each client and case is unique, and they strive to provide personalized attention to each client's specific needs. The firm's attorneys take the time to thoroughly understand the details of each case and develop a tailored legal strategy to achieve the best possible outcome for their clients.
Proven Track Record: Musca Law has a proven track record of success in defending clients against criminal charges in Florida. Their attorneys have achieved favorable outcomes for clients, including case dismissals, not guilty verdicts, and reduced charges. This success can be attributed to their comprehensive understanding of Florida's criminal laws, their aggressive defense strategies, and their commitment to protecting their clients' rights.
Client Testimonials: Musca Law has consistently received positive reviews and testimonials from their clients. These reviews often highlight the firm's professionalism, responsiveness, and dedication to achieving positive results. Satisfied clients are a testament to the high-quality legal representation provided by Musca Law.
Availability and Communication: The attorneys at Musca Law make themselves readily available to their clients and prioritize open and honest communication throughout the legal process. Clients can expect regular updates on their case and prompt responses to their questions and concerns.
Comprehensive Legal Services: Musca Law offers a wide range of legal services related to criminal defense, including pre-arrest representation, post-arrest representation, expungement, and sealing of criminal records. This comprehensive approach ensures that clients receive the support they need at every stage of the criminal justice process.
Musca Law, P.A., is considered a top-rated criminal defense law firm in Florida due to its experienced attorneys, personalized attention, proven track record, positive client testimonials, availability and communication, and comprehensive legal services. If you are facing criminal charges in Florida, seeking representation from a reputable law firm like Musca Law can significantly improve your chances of a favorable outcome.
Don't Let Resisting Arrest Charges Define Your Future – Take Control with Musca Law, P.A.
Facing resisting arrest charges can be a frightening and overwhelming experience, with life-altering consequences hanging in the balance. You deserve the best possible defense to protect your rights, your reputation, and your future. At Musca Law, P.A., our skilled and dedicated attorneys are ready to fight for you, employing aggressive strategies and personalized attention to help you achieve the best possible outcome.
Don't leave your future to chance – act now. Time is of the essence when it comes to building a solid defense, and the sooner you engage our legal expertise, the better your chances of a favorable result. Call our toll-free number 1-888-484-5057 to schedule a free, confidential consultation with our experienced team.
When your freedom and reputation are on the line, trust the top-rated criminal defense law firm in Florida – Musca Law, P.A. We're committed to defending your rights and providing the aggressive, results-driven representation you need to overcome resisting arrest charges.
Take the first step towards regaining control of your life. Call 1-888-484-5057 today and let Musca Law, P.A. stand by your side, guiding you towards a brighter future, free from the burden of resisting arrest charges.