Resisting Arrest Lawyer in Miami

Resisting arrest, whether with or without violence, presents significant legal challenges and risks. This guide delves deep into the intricacies of both charges as per Florida law, discussing potential consequences, common defenses, and the importance of expert legal representation in Miami, Broward, and Palm Beach.

Understanding Resisting Arrest in Florida

Legal Definitions and Implications

What Constitutes Resisting with Violence?

Under Florida Statute 843.01, resisting an officer with violence is defined as knowingly and willfully resisting, obstructing, or opposing any officer by engaging in violent conduct against them while they are executing a legal duty. This is a third-degree felony with severe penalties including up to five years in prison or probation and fines up to $5,000.

Resisting without Violence – A Detailed Look

Defined under Florida Statute 843.02, resisting without violence involves opposing an officer without physical aggression during their lawful duties. This is a first-degree misdemeanor, punishable by up to one year in jail.

Who is Considered an Officer?

The term ‘officer’ extends beyond police officers, encompassing members of the Florida Commission on Offender Review, probation officers, and other personnel authorized to execute legal duties.

Legal Execution of a Legal Duty Explained

Scenarios Constituting Lawful Execution

The lawful execution of a legal duty includes scenarios such as serving legal processes, legally detaining someone, or requesting assistance during emergencies. Understanding these scenarios is crucial for accurately assessing the legality of an officer’s actions during an arrest.

Criminal Penalties and Consequences

Penalties for Resisting with Violence

A conviction can lead to severe penalties, including a prison term of up to five years, probation, and substantial fines. The severity can escalate if the officer sustains injuries.

Consequences of Resisting without Violence

Despite being a lesser charge, penalties can include jail time, probation, and fines, significantly impacting one’s life and future prospects.

Common Defenses to Resisting Arrest

Legal Defenses for Resisting with Violence

Common defenses include proving non-violence in the resistance, lack of knowledge about the officer’s identity, or showing that the officer was not performing a lawful duty.

Defending Against Charges of Resisting without Violence

Defenses might focus on the absence of physical resistance or disobedience, demonstrating that the officer was not engaged in a legal duty, or disputing the clarity of lawful commands.

The Importance of an Attorney in Resisting Arrest Cases

Strategic Legal Defense

An experienced attorney can argue for motions to suppress evidence or dismiss charges based on improper conduct by the officer or violations of legal procedures. They also help navigate the complexities of the law to minimize penalties or seek acquittal. FAQ

What are the key differences between resisting arrest with and without violence?

Resisting with violence involves physical aggression and is a felony, while resisting without involves non-violent methods and is a misdemeanor.

How can an attorney help if I’m charged with resisting arrest?

An attorney can provide a robust defense by challenging the prosecution’s evidence, arguing against the legality of the officer’s actions, and negotiating lesser charges or penalties. Our legal team includes a criminal defense attorney well-versed in Florida laws regarding resisting arrest. We’ve successfully defended numerous clients across Miami, Broward, and Palm Beach, ensuring their rights are upheld. Facing charges of resisting arrest, with or without violence, demands skilled legal defense due to the complexities of the law and the severe implications of a conviction. Our law firm specializes in defending such cases in Miami, Broward, and Palm Beach, providing aggressive legal representation to protect your rights and future. Contact us today for a consultation.