Resisting Officer with Violence in Florida
Resisting an Officer with Violence is zealously prosecuted. Protect your legal interests by contacting Palm Beach County Bottari & Doyle Law Firm at 561-588-2781.
Definition of Resisting an Officer with Violence
Pursuant to Florida Statute 843.01, to prove the crime of Resisting an Officer with Violence, the prosecutor must prove the following 4 elements beyond a reasonable doubt:
- The defendant knowingly and willfully resisted, obstructed or opposed the victim by offering to cause violence to the victim, or causing violence to the victim.
- At the time, the victim was engaged in the execution of legal process or the execution of a legal duty.
- At the time, the victim was an officer or a person authorized to execute process.
- At the time, defendant knew the victim was an officer or a person authorized to legally execute process.
The defendant is not guilty at trial if the prosecutor does not prove all 4 elements beyond a reasonable doubt to a jury.
Penalties for Resisting an Officer with Violence
Resisting an Officer with Violence is a third degree felony punishable by any combination of the following:
- 5 years in prison.
- 5 years of probation.
- $5,000 fine.
Defenses to Resisting With Violence
- The Officer was not engaged in the lawful execution of a legal duty. For example, a person may resist an officer when the officer is engaged in an unlawful detention.
- The victim was not a police officer, probation officer, corrections officer or person authorized to execute legal process.
- The Officer exerted excessive force on the defendant. A person has the right to resist an officer who is exerting excessive force. The amount of force used must be reasonable.
- The Defendant should not have known the victim was an officer. If the defendant did not have a reason to know that the victim was an officer, then there can be no conviction for resisting without violence.
- The officer was not on the job at the time of the offense.
If you have been charged or arrested for Resisting with Violence in Delray Beach County, Broward County, Martin County or Dade County, contact a Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.