Florida Resisting Arrest Charges – Orlando Criminal Lawyer
Orlando Attorneys that handle all Florida resisting arrest cases
If you decide not to cooperate with Florida Law Enforcement after they have asked you to do so, then you may be charged with resisting arrest. It’s never a good idea to argue or fight with a police officer because in some cases you could be arrested for a serious criminal charge. If you are incarcerated for resisting arrest or resisting an officer without violence you will need to hire an aggressive and experience Orlando Criminal Defense Attorney to represent you and protect your rights. Orlando Criminal Defense Lawyer Tracey G. Kagan has extensive experience in defending clients who are charged with resisting arrest and is available 24/7 @ 407-849-9990 to provide you with a free legal consultation.
Florida Resisting Arrest Laws – Orlando Criminal Attorney
There are two primary sections of the Florida Statutes that cover the crime of resisting arrest. They are both found in Chapter 843 of the Florida Statutes. The first is Florida Statute 843.01 – known as “resisting officer with violence“, or more commonly known as “resisting with violence“. It is a third degree felony punishable by up to five years in state prison. In essence, this subsection of the statute prohibits a person from using or threatening any physical violence against an officer who engaged is in the lawful execution of his or her duties, and punishes such illegal action as a third degree felony. The case law holds that even if an officer is making an illegal arrest – a person who uses force against the officer is guilty of this crime. The obvious purpose is to prevent injury to law enforcement, and to prevent escalation of arrest situations.
Florida Statute 843.02, named “resisting officer without violence“. It is often known as “resisting arrest without violence“, or “resisting without”. It is a first degree misdemeanor, and carries a maximum sentence of one year in the county jail. In essence, this subsection of the statute states that “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. Problems arise in multiple situations – usually that the officer didn’t have the right to detain or question the citizen in the first place, was carrying out an illegal search or seizure, was unlawfully trying to enter a home, or was demanding a citizen do or not do an act that was actually legal.
If you are need legal representation for resisting arrest charges in Florida, then call aggressive Orlando Criminal Lawyer Tracey G. Kagan at 407-849-9990 for your FREE consultation.