When you see the flashing blue lights, your mind races and adrenaline surges. In the heat of the moment, even unintentional acts could make it seem as if you’re resisting arrest, leading to obstruction of justice charges in Florida. If you find yourself facing these accusations, a skilled criminal defense attorney can protect your rights and build the strongest defense possible.
At the Law Offices of Dave L. Simmons in Fort Lauderdale, we understand the stress and uncertainty that come with charges of resisting arrest. Our experienced criminal defense team is here to provide personalized guidance and aggressive representation to secure the best possible outcome in your case.
What Is Considered Resisting Arrest in Florida?
Florida's obstruction of justice law relating to resisting arrest, outlined in Statute 843.01, prohibits resisting, obstructing, or opposing an officer by threatening violence, using violence, or offering any resistance with violence.
The similar charge of resisting an officer without violence, Statute 843.02, is defined as resisting, obstructing, or opposing any officer in the lawful execution of a legal duty without offering or doing violence.
While both charges involve impeding an officer's duties, the offense of resisting with violence is treated more severely than resisting without violence due to the element of force or threatened force.
To prove the charge of resisting an officer without violence, the prosecution must establish three key elements:
- The officer was engaged in the lawful execution of a legal duty
- The defendant resisted, obstructed, or opposed the officer
- The resistance did not involve violence or threats of violence
Importantly, the officer must be performing a legal duty, not an unlawful act. If the arrest or detention is determined to be illegal, you may have a strong defense against the resisting charge.
What Are Examples of Resisting Without Violence?
Resisting an officer without violence encompasses a wide range of behaviors, including:
- Refusing to put your hands behind your back for handcuffing
- Struggling or pulling away while being detained or arrested
- Going limp or refusing to stand up when ordered by an officer
- Running or hiding from an officer attempting a lawful arrest
- Lying about your identity or providing a false name to police
- Helping another person avoid a warranted arrest
It's crucial to note that resisting without violence does not require physical force against the officer. Passive resistance, like refusing to comply with commands, can still result in charges.
What Are the Penalties for Resisting Arrest in Florida?
The consequences for resisting arrest in Florida depend on the specific offense and the circumstances of your case.
Resisting Without Violence
- Typically charged as a 1st degree misdemeanor
- Punishable by up to 1 year in county jail and a $1,000 fine
- Jail time is not mandatory
Resisting With Violence
- Charged as a 3rd degree felony
- Punishable by up to 5 years in state prison and a $5,000 fine
- Carries a mandatory minimum sentence of 1 year in prison
In addition to incarceration and fines, a conviction for either offense leaves you with a permanent criminal record. This can limit your opportunities for employment, housing, professional licensing, and other aspects of your life.
How Do Lawyers Defend Obstruction of Justice Charges?
If you're facing resisting arrest charges in Florida, an experienced criminal defense attorney will examine the unique facts of your case to determine the most effective defense strategy. Common defenses against these charges include:
- Unlawful arrest or detention. If the officer was not performing a legal duty or lacked probable cause for the arrest, you may have a strong defense.
- Excessive force or unlawful tactics. If the officer used excessive force, made threats, or engaged in illegal behavior, this could justify your resistance.
- Lack of intent. If you did not knowingly or willfully resist or obstruct the officer, this could be a viable defense. Accidents or misunderstandings may fall into this category.
- Illegal search and seizure. If evidence was obtained through an unlawful search, your attorney may move to have it suppressed, weakening the prosecution's case.
- Insufficient evidence. The prosecution must prove every element of the charge beyond a reasonable doubt. If there are gaps or inconsistencies in the evidence, this could lead to an acquittal or dismissal.
Every case is unique, and the best defense will depend on the specific circumstances surrounding your arrest. A skilled criminal defense lawyer will work to uncover weaknesses in the prosecution's case and develop a tailored strategy to protect your rights and freedom.
When your future hangs in the balance, you need a fierce advocate in your corner. Fort Lauderdale criminal defense attorney Dave L. Simmons has a proven track record of defending clients against charges of resisting arrest and obstruction of justice. With a deep understanding of Florida law and a commitment to personalized representation, you can trust him to fight tirelessly for your best possible outcome.
