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St. Lucie County Lawyer For Resisting An Officer Without Violence - Benny Santiago Baseball Card Value

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Due to police tendency to overcharge defendants, we must closely scrutinize Resisting charges and determine if they are really valid. The fact that the officer attempted to solicit does not prove that the females would do something illegal. The officer in question was not acting within their lawful duty at the time of the incident. Are there any defenses that can be used against these charges? Some examples of resisting an officer without violence are: - Struggling with a police officer while being detained. If convicted, you could be facing the following penalties: Florida law states if you knowingly or willfully resist, obstruct or oppose an officer by threatening violence or engaging in violent conduct, then you will be charged with resisting an officer with violence.

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However, there are a few situations in which mere words are enough. Resisting arrest can be charged as a misdemeanor or felony in Florida, with the felony charge reserved for cases involving violence. If the officer told the person to stop and the officer had no reasonable suspicion or probable cause to stop the person, then the officer was not in the lawful performance of his duty; thus, the defendant could not be resisting. If a police officer was not in the course of an investigation, an arrest, service of process, or some other lawful action within the scope of his or her job, a person cannot be accused of "resisting" the police. RESISTING AN OFFICER WITHOUT VIOLENCE CASE LAW. As such, we are well acquainted with the variety of circumstances that may have led to your arrest. Police actions fall within the ambit of a "lawful execution of a legal duty" only when they are: - Serving process; - Legally detaining a person; or. For example, if during handcuffing, an arrestee is thrown to the ground and moves his arms away from the cuffs to protect himself during the fall, this involuntary action does not rise to the level of resisting an officer. It is critical, prior to accepting any plea, to consult with a qualified criminal attorney to determine the best course of action in a case. A lawful arrest is an arrest that is supported by probable cause. Concealing or tampering with evidence. Police were not in the lawful execution of a legal duty.

Resisting is not necessarily a crime of violence. The incident arose from an incident at a local high school where our client's sister had left school early without permission. Additional Resources. Unlawful arrest: Police officers are allowed to legally arrest you under certain circumstances. If there is no requisite level of probable cause or reasonable suspicion to arrest or detain the defendant then there is no duty to comply with the officer's commands or instructions. Who are the types of officers a person can be charged with resisting? If the police officer does not give reason for the arrest, then this goes to possibly explaining the defendant's actions of "resisting. " See W. E. P. v. State. Even minor actions by a suspect or arrestee can form the basis of a resisting an officer without violence allegation in Florida. These officers are working a job, but they are not carrying out a legal duty all the time. In E. B vs. State, 851 So. 02 Resisting officer without violence to his or her person.

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Contact us or call us at (561) 671-5995 to set up a consultation immediately. You can only resist the police if they are not in the lawful execution of a legal duty. Part-time correctional officer. Prosecutors will use allegations of such conduct to seek longer terms of incarceration for alleged offenders. This is a factual determination left for the jury. Florida Resisting Arrest Information Center. Under Florida law, a person can be charged with resisting, opposing or obstructing an officer either with or without violence. At Bradford Cohen Law we get many questions from our criminal defense clients and prospective criminal defense clients in regards to pending Resisting an Officer without violence charges against them. Florida Laws for Obstructing Justice – Visit the official website for the Florida Statutes to learn more about their laws on obstruction of justice.

Resisting a lawful arrest is a criminal offense pursuant to Florida Statutes 843. Many people arrested for resisting an officer without violence feel that they have done nothing wrong and have difficulty understanding why they were arrested. The material on this page represents general legal advice. Minimal Criminal History. If you fail to do this, you could be charged with a count of resisting arrest in Florida. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page. Often, actions that form the basis for this charge can seem minor to the defendant. In an effort to protect their jobs, the only way they can explain the injuries to civilians is to charge them with the offenses of battery on a law enforcement officer and resisting an officer with violence. 2d 728, 729 (Fla. 2d DCA 1987); Legnosky, 27 So. There are different penalties to the crime depending on if violence was used or not. There is also some discretion that is left up to the arresting officer, which can lead to additional charges that you did not necessarily deserve.

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Depending on the circumstances, this offense can be classified as: - Resisting arrest without violence. If the officer who arrested you violated procedures, then the judge may determine that your arrest was unlawful and could dismiss or reduce the charges. Call me at 407-740-7275 for a free consultation. With his knowledge and skills, he can formulate a strong defense for your case. The charge applies to any acts that interfere with or obstruct the work of an officer of the law. To constitute the offense of resisting, the accused must have a "general intent" to "knowingly and willfully impede an officer in the performance of his or her lawful duties. " If there is no duty in play, then the charge cannot stand.

A person's words alone will rarely, if ever, rise to the level of Resisting Officer Without Violence. You need the counsel of an experienced criminal defense attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome. The defendant's action constituted obstruction or resistance of that lawful duty. If you have been accused of a Daytona Beach resisting arrest without violence, call 386-451-5112 today to set up a free consultation.

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