A resisting arrest charge is one of the most controversial criminal charges in Florida. This is in part due to the ability of law enforcement to define what “resisting” actually means. This has led to many situations in which an individual is improperly charged because of the prejudice or dishonest assessment of the conflict by the arresting officer.
With such a broad charge that is subject to inconsistent enforcement and interpretation, there is a potential for unfair punishment. This is why having the capable criminal defense attorney at your side while arguing your case is of paramount importance. A quality attorney can use the police reports against the accusers and frame a defense strategy that refutes the charges and puts you in a favorable light.
The outcome of a resisting arrest or resisting officer charge is completely dependent on who makes the best argument regarding the incident and if the alleged offender in fact did resist in a manner that is deserving of an additional charge.
William Roelke is an experienced criminal defense attorney who uses his attention-to-detail to help ensure that all factors are taken into account in weakening the prosecution’s case. To schedule a free and confidential consultation to sit down and look at the facts of your case with William Roelke, please call (904) 354-0333 or send an online message today.
William proudly represents individuals accused of resisting arrest throughout Northeast Florida, including the cities of Jacksonville, Neptune Beach, Baldwin, St. Augustine, Green Cove Springs, and Fernandina Beach, among others.
The information regarding the charge of resisting officer can be found in Chapter 843 of the Florida Statutes. There are two areas of resisting arrest: with violence and without violence. According to Fla. Stat. 843.01, a person commits the act of resisting an officer if they knowingly and willfully resist, obstruct or opposes the following types of officers in a violent manner:
This offense is considered a felony in the third degree. A charge such as this will come with a presumptive sentence of up to 5 years in prison and / or fines of up to $5,000.
As for non-violent resistance, Fla. Stat. §843.02 states that a person is guilty of resisting and officer if they resist, obstruct or oppose any officer or authorized individual (see list above) attempting to execute the legal process, without offering or doing violence.
A person accused of this crime will be charged with a misdemeanor of the first degree, which comes with a presumptive sentence of up to one year in jail and / or fines of up to $1,000.
Florida law gives a large amount of power to law enforcement when it comes to the charge of resisting officer. From viewing that statutes regarding this law, it is readily apparent that a police officer can add a resisting arrest charge for almost anything. Even accidentally bumping into a police officer can be termed resisting arrest if the officer is so inclined.
Due to this ability to abuse power, it is possible to be unfairly prosecuted for an offense that can be almost entirely subjective. It is vital that you do everything in your power to make sure that you proactively consider and pursue your most favorable defense options.
To schedule a free and confidential consultation to go over the specifics of you case, please call (904) 354-0333 or send an online message. William Roelke represents individuals throughout Northeast Florida and proudly handles cases for residents or visitors to Duval County, St. Johns County, Clay County, and Nassau County.
