Resisting an Officer with Violence is zealously prosecuted in the state of Florida. A police arrest is an emotional moment that can quickly turn out of control. At Bottari & Doyle, we understand the serious nature of a criminal accusation. We've helped hundreds of people navigate the complex criminal justice system, and we have the experience and determination to stand up for you and defend your rights. Call today to get started building your defense.
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.
What are the penalties for Resisting Arresting 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.
Do I need a Criminal Defense Lawyer for Resisting Arrest?
Yes. If you've been charged with resisting an officer with violence or resisting arrest, you should speak to a Delray Beach criminal defense lawyer immediately to learn more about your rights, possible defenses, and the complicated legal system. There are various defenses to a resisting arrest charge, including but not limited to:
- 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.
Don't make the mistake of representing yourself and don't give up too early – there may be a defense to your case that is being overlooked. When our criminal defense team represents you, you'll benefit from advice and assistance in the following steps of your legal case:
- We'll investigate and determine if your legal rights were violated at any point in your arrest.
- We'll gather critical evidence and facts, such as 911 reports, witness statements, video evidence, social media research, and more.
- After assessing all possible scenarios and outcomes, we'll walk you through the options and give our honest recommendations so that you can make the best decision for you and your situation.
- If your case goes to trial, we will stand up for you and fight for your rights at every turn throughout the court and legal process.
If you have been charged or arrested for Resisting a Police Officer with Violence, contact the Delray Beach resisting arrest lawyers from Bottari & Doyle at 561-588-2781 for a free case evaluation.