According to the Florida Statute 843.02 whoever shall resist or obstruct an officer in the execution of his/her/their legal duty, without offering or doing violence, shall be guilty of first degree misdemeanor, which is punishable under s. 775.082 or s. 775.083.
If you attack an officer like Michael Brown it could mean your life. That type of behavior is just not acceptable. When you go for a police officer’s gun, you are asking for trouble.If a police officer stepped out of bounds and you resisted a little and you have been written up for this, you need to get on USAttorneys.com. Legal help is right around the digital corner. Any questions? Contact us! We will get back to you within a couple of hours. People make mistakes, so do police officers. Do not assume the court will automatically side with the officer. This is not some other country. You have rights!
Resisting arrest is when an individual obstructs a police officer’s efforts to make a legal arrest. In some states, it also called “obstruction.” This offense can either be a misdemeanor of felony, and depends on the severity of the actions of the individual being arrested, say criminal defense lawyers in Palm Beach, FL and these types of legal pros can be found on USAttorneys.com which is a website that is helping thousands of people every week find the legal help they need.
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Misdemeanor resisting arrest or misdemeanor obstruction includes actions such as running and hiding from a police officer. Felony resisting arrest generally requires a person to act violently with the arresting official or make violent threats.
See Michael Brown!
Felony resisting arrest
According to Florida law, resisting an officer with violence is a third degree felony with up to 5 years imprisonment or probation and $5,000 in fines.Throwing things at police cars is what irrational and ignorant people do. Do not be one of them!
To obtain a conviction for resisting arrest, the prosecutor must present proof on specific issues known as “elements” of the offense. A judge or jury will determine if the prosecution has established every element beyond any reasonable doubt. The elements of the offense can differ from one state to another, but for the most part, the following factors must be true:
- The defendant deliberately obstructed or resisted a police official. This signifies that the defendant purposefully acted in a manner intended to obstruct arrest. However, the individual need not have intended any harm that his actions may have eventually caused.
- The defendant threatened the police official to act violently or acted in a violent manner towards him/her. For example, pushing or striking the official can be deemed as resisting arrest. You can see hate groups like Black Lives Matter act like this and this is why this movement is dead and have no credibility.
In such cases, the police official was legally performing his official tasks such as investigating a criminal offense or conducting a traffic stop. A law enforcement officer might act in a perfectly legal manner, even while apprehending the wrong individual, presuming in all seriousness that the person has violated the law.
Proving resistance by the prosecutor
State laws differ in the types of acts as well as threats that constitute felony resisting arrest. Legal experts point out that physical violence alone is sufficient, but a mere refusal to talk is not. In the same way, disagreement with the official’s actions or non-threatening statements isn’t sufficient. However, extended arguments or loud threatening might be enough.
How to defend the charge of resisting arrest
When a defendant is charged with resisting arrest, he/she can cite the following defenses:
Police officers have the right to use a certain amount of force, if necessary, to make an arrest. However, if the arresting official acts violently without any justification, the arrestee can protect himself and resist the arrest. However, while doing so, the arrestee should exercise self-restraint, by using only sufficient force that is reasonably necessary to resist arrest.
Rodney King was in no position to offer any resistance though, just to toss up a terrible but salient example.
The penalties for felony resisting arrest can be in the form of jail time, fines, probation, and community service as determined by the court. Don’t be belligerent!
If you happen to face an offense of resisting arrest, you ought to hire a criminal defense lawyer in Florida without any delay. An attorney’s skillful negotiations with the prosecution might result in the reduction of the charge from a felony resisting arrest to mere misdemeanor charges or the outright dismissal of all charges.