Understanding Your Options When Charged With Resisting Arrest Without Violence
Resisting Arrest Without Violence, also referred to as Resisting Officer Without Violence, or Resisting Without, is one of the most abused charges alleged by law enforcement officers. Especially when the circumstances or evidence relating to an arrest are questionable. Adding the resisting arrest without violence charge to charges for an arrest may help solidify the standing of the law enforcement officers in their claims of events which lead to your arrest.
The Florida statute dealing with “resisting officer without violence” is Florida Statute 843.02. A violation of this statute is a first degree misdemeanor and carries a maximum sentence of one year in the county jail. The pertinent part of Florida Statute 843.02 states, in part, “whoever shall resist, obstruct, or oppose any officer… in the lawful execution of any legal duty without offering or doing violence” is guilty of a first degree misdemeanor.
Due to the subjective nature of determining if one is resisting arrest without violence, the additional charge has become commonplace. If a law enforcement officer tells you that you are under arrest, and you simply ask “for what?”, he or she may claim you were being defiant to a law enforcement officer in your tone of speech, and therefore a resisting arrest without violence charge is added.
This is not how the law was intended, and when abused, we fight for the rights of our clients in an effort to not only have the charge dropped, but provide the opportunity to hold the law enforcement officers accountable for their actions as well.
The Figueroa Law Firm, P.A., represents the legal rights and goals of those involved in resisting arrest without violence defense or other criminal defense issues in Orlando, Florida, and the Surrounding Central Florida area. For a confidential legal consultation, please call 407-999-8982.
Other criminal defense attorneys see the resisting arrest without violence charge and recommend taking a plea, citing that the resisting arrest without violence charge may lead to costing you a year of your life in jail if convicted, and that juries often lean toward believing the testimony of law enforcement over the accused.
We will inform you of your legal rights and options in the defense of your resisting arrest without violence charges, as well as the other criminal charges you may be facing.
Additionally, we will analyze the all evidence against you, put the actions of law enforcement under a microscope, and determine if your civil rights were violated. If going to trial is unavoidable, we will aggressively fight for your freedom in an effort to prove your innocence.
When facing resisting arrest without violence charges, hiring experienced resisting arrest defense attorneys may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.
If you require professional legal services regarding a resisting arrest without violence charge or other criminal defense issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Orlando resisting arrest defense attorney. Contact The Figueroa Law Firm, P.A., by calling 407-999-8982 or use our online case submission form to schedule a confidential legal consultation.