Resisting an Officer Attorney in DeLand
In Florida, resisting an officer is a serious criminal charge that can lead to severe penalties, especially when it involves violence. The law makes it clear that resisting arrest in any form is a crime, whether through physical force or threats. If you or someone you know is facing charges for resisting an officer, it is crucial to have an experienced criminal defense attorney on your side to build a strong case and protect your rights.
At Williams Legal, P.A., we understand the gravity of resisting an officer charges and the potential consequences of a conviction. Whether the charge is related to resisting arrest without violence or resisting an officer with violence, we are here to provide the aggressive defense you need.
What is Resisting an Officer in Florida?
Under Florida law, resisting arrest occurs when a person attempts to prevent or escape an arrest by using physical force, escaping from an officer, or threatening the officer with violence. It is considered an offense that can obstruct justice, and depending on the circumstances, it can carry serious penalties.
There are several ways an individual may face charges for resisting an officer:
- Use of Physical Force: This includes physically struggling to avoid being restrained by an officer
- Escaping Arrest: When a person runs or otherwise avoids being taken into custody.
- Threatening an Officer: If someone threatens violence against an officer while attempting to evade arrest.
Resisting an Officer with Violence
Resisting an officer with violence is a more serious charge, carrying higher penalties. It involves knowingly and willfully obstructing, resisting, or opposing a law enforcement officer by committing violent acts or threatening violence. These charges are often associated with battery on a law enforcement officer, making them especially grave.
In order to successfully charge someone with resisting an officer with violence, the prosecution must prove the following four elements beyond a reasonable doubt:
- The defendant knowingly and willfully resisted, opposed, or obstructed the officer by committing violent acts or threatening violence toward the officer.
- The officer was in the process of carrying out their legal duties at the time of the resistance.
- The officer was a law enforcement officer, as defined under Florida law.
- The defendant knew the person they were resisting was a law enforcement officer.
Potential Defenses to Resisting an Officer Charges
One of the most effective defenses in resisting an officer cases is arguing that the officer did not have a legal right to arrest the suspect in the first place. If the law enforcement officer did not have probable cause or was violating the individual's constitutional rights when attempting the arrest, a charge for resisting arrest may be reduced or dismissed entirely.
Penalties for Resisting an Officer
The penalties for resisting an officer depend on the nature of the resistance and whether violence was involved. The consequences can include:
- Resisting without violence: A first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a fine of up to $1,000.
- Resisting with violence: A third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
Why You Need a Resisting an Officer Attorney
Charges for resisting an officer can be complex and carry serious legal consequences. Whether the resistance was physical, verbal, or threatened, it’s important to have an experienced criminal defense attorney who understands Florida’s laws and can effectively challenge the charges.
At Williams Legal, P.A., we offer strong legal representation for those accused of resisting an officer. We will thoroughly investigate your case, look for any possible violations of your rights, and use every legal tool at our disposal to defend you.
Contact a Resisting an Officer Attorney Today
If you’ve been charged with resisting an officer, don’t delay in seeking legal help. The sooner you have a skilled attorney on your side, the better your chances of securing a favorable outcome.
Contact Williams Legal, P.A. today for a free consultation. Call (386) 277-1166 or fill out our online contact form to discuss your case.
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Accomplished Immigration & Criminal Defense Attorney
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Available 24 Hours a Day, 7 Days a WeekWilliams Legal offers legal assistance and advice on a non-stop schedule.
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Respected Leader in Our FieldAttorney Douglas Scott Williams formerly served as President for the Flagler County Bar Association.
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Involved in the Legal CommunityOur attorney is a member of the American Immigration Lawyers Association.
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A Law Firm Driven By ExcellenceWilliams Legal is AV-Preeminent rated by Martindale-Hubbell®.
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