Always Seek Legal Advice
Anyone would feel their rights are violated by being detained and accused of illegal activity, and a normal reaction would be to resist or hesitate before cooperating. If a jury can understand your actions oftentimes they will not find you guilty of resisting arrest because your actions were reasonable under the circumstances.
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This offense is largely subjective and open to interpretation. In many cases, the defendant was not lawfully detained or it was apparent the officer was racially profiling the suspect.
As a result, it is very important to face any charge that lead to the arresting charge. In other instances, the defendant was merely exercising his or her constitutional rights in remaining silent. Trust your case to attorneys who will not back down, will thoroughly investigate all the facts of your case, and who have a proven record of successfully defending numerous clients facing resisting arrest without violence charges.
Resisting an officer with violence is a serious offense. People resist officers for many different reasons, and sometimes a defendant may struggle against an officer in an effort to avoid being arrested. At other times, however, a defendant may not realize that the person whom they are resisting is an officer or may simply be responding to brutality by the officer.
At Hanlon Law, Tampa criminal defense lawyer Will Hanlon provides skillful and knowledgeable representation. Florida Statutes section Anyone who willfully resists an officer with violence can be charged with a third-degree felony.
In order to get a conviction for resisting an officer with violence, the prosecution must show beyond a reasonable doubt that the defendant knowingly and willfully opposed, obstructed, or resisted a law enforcement officer who was legally following through on a legal duty or legal process.
The defendant must have threatened to use violence or actually used violence, and the defendant must have known at the time that the victim was an officer or person legally authorized to execute legal process.
Resisting Officer With/Without Violence Case Results
While criminal charges like domestic violence battery and DUI drunk driving , require that the arrestee be taken to jail, charges like misdemeanor marijuana possession, driving while license suspended, and reckless driving, do not require a physical arrest. Instead, officers are permitted to use their discretion. Often, they will secure a thumb print that gets affixed directly on the arrest report. Should they fail to appear for court, a warrant gets issued. In Florida, there are first and second degree misdemeanors.
An experienced Miami misdemeanor lawyer should know the potential penalties you face. An experienced misdemeanor attorney from Miami should know the most efficient way to attempt to get your misdemeanor charge s dropped.