Resisting Arrest and Florida Law - Can I Face Charges for Resisting Arrest?

Arrest

It is essential to know your rights if you are ever in the situation of being arrested. Police are allowed to use reasonable force when making an arrest. However, it is illegal for police to use excessive force, which infringes on the civil rights of the arrestee.

Under Florida law, police officers are justified to use any force they believe is necessary to defend themselves from harm. Florida separates resisting into two categories; resisting arrest with violence and resisting arrest without violence.

Resisting Arrest With Violence

Resisting an officer with violence is considered to be a third-degree felony and carries a sentence of up to five years in prison and up to $5,000 in fines. When a person knowingly and willingly obstructs, opposes, or resists an officer with threats and violence.

Resisting an Arrest Includes:

  • Running away, hiding, or struggling with an officer.
  • Presenting a fake ID or giving false information.
  • Trying to help someone avoid arrest.
  • Threatening an officer.

Resisting Arrest Without Violence

Resisting an officer without violence is considered to be a first-degree misdemeanor and carries a sentence of up to one-year imprisonment and up to $1,000 in fines. It is illegal to resist, oppose, or obstruct an officer without violence or the threat of violence in Florida. The statute concerning resisting arrest without violence does not include the words "knowingly and willfully," which is an important distinction.

Defenses Against Resisting Arrest

  • Unlawful Arrest: If the arrest was not lawful, to begin with, you cannot be charged with resisting arrest.
  • Self-defense: If an officer used excessive force against you, you have the right to defend yourself against police misconduct. If the officer's use of force was in response to forceful resistance from you, you lose your self-defense claim.
  • False allegations: If you were rude, and the officer decided to retaliate by filing resisting arrest charges.
  • An officer did not identify themselves: If an officer was not acting in good faith, did not identify themselves or appear to be an officer, it may serve as a defense to a charge of resisting arrest.

Ronald Chapman

If you're facing an arrest, know your rights as well as the authority of the police under Florida law. Even if your arrest is unlawful, you could still face resisting arrest charges. It is in your best interest to contact an experienced criminal defense attorney. Contact Ronald Chapman today if you resisted arrest. Ronald Chapman is an experienced defense attorney who can help.

Criminal Defense Attorney West Palm Beach

Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.

Schedule your FREE Consultation! Call (561) 832-4348 or visit his website. Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.

 

Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348

 

© Copyright 2019. All Rights Reserved.

 

Share This Blog

HACER UNA PREGUNTA,
DESCRIBE TU SITUACIÓN,
SOLICITA UNA CONSULTA

Llama ahora: (561) 832-4348

Contact Form Sidebar
* Campos RequeridosCampos Requeridos
Su Información Está Segura con Nosotros

Respetamos su privacidad. La información que nos brinda será utilizada para responder sus preguntas o agendar una cita si usted así lo solicita.

Follow Us On

400 Clematis St. Suite 206, West Palm Beach, FL 33401
SI TIENE PREGUNTAS O DESEA AGENDAR UNA CITA PRESIONE AQUÍ PARA LLAMAR AL (561) 832-4348
Desde 1990, el Sr. Chapman ha representado a personas que han sido acusadas de cometer delitos de varios tipos, tales como DUI, violencia doméstica, posesión de armas, posesión de drogas, eliminación de antecedentes penales, infracciones de tránsito, asesinato, homicidio involuntario, abuso infantil, delitos sexuales, abuso de personas mayores, apelaciones y violaciones de libertad condicional.
Abogado de Defensa Criminal en West Palm Beach, FL

© Propiedad Intelectual 2024. Abogado Penalista en Florida. Todos los Derechos Reservados.

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram