Resisting Arrest with or without Violence
Polk County Florida Criminal Defense Firm providing Resisting Arrest Defense Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.
What is Resisting Arrest?
According to Florida Criminal Statute §843.02, Resisting Arrest Without Violence occurs when an individual resists, obstructs, or opposes any of the following persons without doing violence to the person of the officer:
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Law enforcement officer;
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Member of the Parole Commission or any administrative aide or supervisor employed by the commission;
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County probation officer;
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Parole and probation supervisor;
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Personnel or representative of the Department of Law Enforcement;
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Or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.
Resisting arrest with violence (§843.01) is the same criminal offense involving the same personnel by offering or doing violence to the person of such officer or legally authorized person.
What is the Maximum Resisting Arrest Conviction Penalty?
Resisting Arrest Without Violence is a felony of the third degree which carries amaximum penalty of 12 months incarceration and a $1,000 fine.
Resisting Arrest Without Violence is a misdemeanor of the first degree which carries amaximum penalty of 5 year incarceration and a $5,000 fine.
Burden of Proof for a Resisting Arrest Conviction
Resisting arrest without violence is subjective in nature according to the perception of law enforcement officers or protected persons under Florida Statute §843.02. The prosecution must prove that the method or level of perceived resistance was intentional and not a natural reaction to what may have been a swift action by law enforcement officers or protected persons under Florida Statute §843.02.
Resisting arrest with violence is also subjective in nature according to the perception of law enforcement officers or protected persons under Florida Statute §843.01. The prosecution must prove that the method or level of perceived resistance that at the time was perceived to be “violence” was intentional and not a natural reaction to what may have been a swift action by law enforcement officers or protected persons under Florida Statute §843.01.
Resisting arrest with or without violence is considered a crime of intent. If intent cannot be established and the jury has reasonable doubt as to intent to commit such acts, a verdict of not guilty may be awarded by the jury.
For more information regarding the burden of proof relating to resisting arrest charges and potential defense strategies that may be available to you, contact our office by calling 863.937.9100.
If a dismissal of your resisting arrest charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.
Each resisting arrest defense attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your resisting arrest with or without violence charge issues, as well as other misdemeanor and felony criminal defense related legal issues.
If you must address resisting arrest defense issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced resisting arrest defense attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.