Have you or a loved-one been charged with Resisting Without Violence in Florida. If so, you need to speak to a Florida Resisting Without Violence Lawyer immediately!
Resisting even without violence is a criminal offense related to obstructing justice. In Florida, resisting, obstructing, or opposing any type of peace officer who is attempting to carry out his or her legal duty is often a misdemeanor. The person would not have attempted or succeeded in doing any harm to the officer. For this reason, it can be difficult for a person accused of resisting without violence to determine exactly what they did to resist arrest or otherwise interfere with law enforcement. A Florida Resisting Without Violence Lawyer can help determine if the charges against you are valid or improper.
There are two main sections of the Florida Statutes that cover the crime of resisting arrest and pertain to resisting arrest with violence and resisting arrest without violence. They are both found in Chapter 843 of the Florida Statutes.
The first is Florida Statute 843.01 – known as “resisting officer with violence”, or most commonly referred to as the “resisting with violence”. The statute provides that a “resisting officer with violence” offense is a third degree felony punishable by up to five years in a state prison.
Florida Statute 843.01 essentially prohibits a person from using or threatening any physical violence against an officer who engaged is in the lawful execution of his or her duties, and punishes such illegal action as a third degree felony. Even if the officer is making an illegal arrest, a person using or threatening physical violence during the arrest is guilty of this crime. The obvious purpose of this statute is to prevent injury to law enforcement officers and prevent an arrest situation getting out of hand.
The subsection of the statutes dealing with “resisting officer without violence” is Florida Statute 843.02, and is often known as “resisting arrest without violence”, or “resisting without”. A violation of this statute is a first degree misdemeanor and carries a maximum sentence of one year in the county jail. The pertinent part of Florida Statute 843.02 states, in part, “whoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty without offering or doing violence” is guilty of a first degree misdemeanor. The problem with this subsection of the statute is that it can be widely abused. Police officers often will use this charge to cover up their own misconduct or to arrest someone they just do not care for.
Because of the problems surrounding these statutes, it is important that you consult a Florida Resisting Without Violence Lawyer as soon as you can if you have been charged with resisting without violence.
Accused of Resisting Arrest? Learn Your Rights!
It may be possible that you have been wrongfully accused of this offense. A Florida Criminal Lawyer can aid you by probing the chances of your arrest and determining whether the situation was blown out of proportion by an officer.
Our attorneys are well experienced and equipped with resources to conduct an investigation into your charges. We work together as a team to determine how to best represent your interests.
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