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West Palm Beach Resisting an Officer Attorney Josh LeRoy on:

Resisting an Officer Charges

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There are a couple of charges that fall into the resisting officer category, which are detailed below.

Before I hire an attorney for a Resisting An Officer Without Violence charge, what should I know about: F.S. 843.02?

Resisting without violence charge is often accompanied by other allegations to ensure a conviction. There are many small things that you could have done to justify this charge, including not conceding to commands, resisting an officer’s orders, or even verbal communications that are not in cooperation with the officer. Giving false information to an officer is also a charge.

The State defines it as:

Resisting An Officer Without Violence – F.S. 843.02
Resisting An Officer Without Violence – F.S. 843.02
  1. The Defendant resisted/obstructed/opposed the victim
  2. At the time, the victim was engaged in the execution of a legal process or the lawful execution of a legal duty, and
  3. At the time, the victim was an officer.

If the charge is a felony resisting with violence, sections 2) and 3) remain the same, but section 1) changes as follows:

1) The Defendant knowingly and willfully resisted/obstructed/opposed the victim by [threatening him] [doing violence to him].

The consequences of a resisting without violence charge are up to a year in jail and a $1000 fine, as it is a 1st-degree misdemeanor. The outcome of your trial will somewhat depend on whether you have a previous or similar conviction, and your sentence may increase because of this.

What defense would an experienced attorney use for resisting an officer?

There are many defenses to this charge. The State must prove that there was resistance against the officer and that it was entirely purposeful. If you can disprove the accusation, or if there is evidence proving otherwise, the allegations will be deemed false.

The First Amendment also protects your freedom of speech, and it is difficult to get a conviction based solely on verbal communication.

What is the definition of “Resisting without Violence”?

Florida’s Resisting Arrest without Violence statutes incorporates a restriction on persons who oppose arrest without violence or oppose an officer in executing a lawful obligation. Case in point, passengers of a vehicle who get in the way of an officer’s endeavors to conduct a DUI examination of a driver frequently are arrested for the offense of “Resisting Arrest without Violence.”

Are there different degrees of a misdemeanor for resisting without violence?

Resisting without violence is a 1st-degree misdemeanor charge if you have no previous convictions.

What details should I know about Resisting an Officer with Violence charge: F.S. 943.10 (1),(2),(3),(6),(7), (8),(9)?

A person commits the crime of resisting an officer with violence when they knowingly and willfully resist, obstruct, or oppose any [law enforcement or corrections] officer as defined by Florida law… by offering or doing violence to the person of such officer or legally authorized person.

The definition of an officer is broad and includes, but is not limited to, “any member, administrative aide, or supervisor of the Florida Commission on Offender Review, parole and probation supervisors, county probation officers, and Department of Law Enforcement personnel.”

Resisting An Officer With Violence, F.S. 943.10 (1),(2),(3),(6),(7)(8),(9)
Resisting An Officer with Violence, F.S. 943.10 (1), (2), (3), (6), (7)(8), (9)

What are the penalties for Resisting with Violence?

As a third-degree felony, resisting an officer with violence is punishable by penalties ranging from a term of probation up to five years in state prison.

What are the common defenses for Resisting with Violence?

The most common defense to this crime is self-defense. While Florida law prohibits people from resisting arrest, it permits people to defend themselves against an officer’s excessive use of force.

To prevail in court, the Defendant must present sufficient, credible evidence that he was immediately threatened by or encountered an officer’s excessive force and that the Defendant’s resistance was necessary to defend himself.

The best type of evidence in such a case is a videotape of the events or one or more disinterested eyewitnesses. When such evidence is unavailable, it reduces the case to conflicting testimony between a law enforcement officer and a defendant. Expect the judge to favor the testimony of the officer.

Charged? Call West Palm Beach Resisting Arrest Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?

If you, or someone you know, find yourself in need of a Resisting an Officer attorney in West Palm Beach County (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.

Tell me about yourself, what’s happened, and when would be a good time to contact you.

-Joshua LeRoy, Esq.

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