The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Resisting an Officer without Violence – F.S. 843.02
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A Resisting an officer without violence charge is often accompanied by other allegations, in order 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 an officer false information is also means for the charge.
It is defined as:
- The Defendant resisted/obstructed/opposed the victim
- At the time, the victim was engaged in the execution of legal process or the lawful execution of a legal duty, and
- At the time the victim was an officer.
If the charge is a felony resisting an Officer with Violence, section 2) and 3) remain the same, but section 1) changes as follows:
1) Defendant knowingly and willfully resisted/obstructed/opposed victim by [offering to do him violence] [doing violence to him].”
The consequences of a resisting an officer without violence charge is up to a year in jail, and $1k fine, as it is a 1st degree misdemeanor. The outcome of your trial will be somewhat dependent on whether you have a previous conviction, or similar conviction, and your sentence may be increased because of this.
There are many defenses to this charge. It must be proven that there was resistance against the officer, and that it was entirely purposeful. If it is not determined as such, or 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 from verbal communication solely.
What is the definition of “Resisting Arrest without Violence”?
Florida’s Resisting Arrest without Violence statutes incorporate a restriction on persons who oppose arrest without violence or contradict an officer in their execution of a lawful obligation. Case in point, passengers of a vehicle who gets in the way of an officer’s endeavors to conduct a DUI examination of the driver, is frequently arrested for the offense of “Resisting Arrest without Violence”.
Are there differing degrees of misdemeanor for resisting an officer without violence?
Resisting an officer without violence is a 1st degree misdemeanor charge, if you have no previous convictions.
If you, or someone you know, have been charged with Resisting an Officer without Violence in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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