Resisting an Officer Defense Attorney in Orlando

Resisting an Officer is a serious criminal charge in Florida that can be filed as either a 1st degree misdemeanor or a 3rd degree felony Resisting an Officer charges can lead to jail or prison time, probation, fines, and a permanent criminal record. Because these cases often arise during traffic stops or arrests and investigations into unrelated charges, Resisting Arrest cases typically hinge on the testimony of law enforcement officers and involve split second decisions and subjective opinions as to whether or not the accused is resisting, having an experienced criminal defense attorney on your side is essential.

Resisting Arrest Under Florida Law

In order to convict a person of Resisting Arrest, the prosecution must prove beyond a reasonable doubt that the accused obstructed, opposed, or interfered with a law enforcement officer or correctional officer while they were performing a lawful duty.

Resisting an Officer Without Violence – Florida Statute 843.02

Resisting an Officer Without Violence is a 1st degree misdemeanor, punishable by up to 12 months of probation or 1 year in jail. This charge often arises when someone runs from police during an investigation when officers may lawfully detain them, refuses a lawful command, pulls away during arrest, or even “tenses up” when officers are attempting to handcuff them. While it may sound minor, a Resisting Arrest Without Violence charge can complicate any other charges arising from the same incident, and a conviction can result in a criminal record which may affect your employment and housing opportunities.

Resisting an Officer With Violence – Florida Statute 843.01

Resisting an Officer With Violence is a 3rd degree felony, punishable by up to 5 years in prison. These cases typically involve pushing, spitting, punching, kicking, or otherwise using force against an officer, corrections officer, or police animal during the performance of a lawful duty. This offense is often accompanied by similar charges like Battery on a Law Enforcement Officer. This can increase the potential penalties and lead to a lengthy prison sentence.

Defenses to Resisting Arrest in Florida

Defending a Resisting Arrest charge involves both factual and legal challenges to the State’s case. Issues like whether the person was known to be a law enforcement officer, whether they were engaged performance of a lawful duty, and factual arguments about whether or not the alleged conduct actually constitutes Resisting Arrest are all essential to developing a strong and strategic defense. A knowledgeable criminal defense attorney may be able to use these issues to convince the prosecutor to reduce or even dismiss criminal charges.

Central Florida Justice can help

Central Florida Justice founder Ben Baxter is an experienced Florida criminal defense attorney and former prosecutor who understands how Resisting Arrest cases are investigated, charged, and prosecuted. He knows how to challenge unlawful police conduct, expose weaknesses in the State’s case, and fight for the best possible outcome.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been charged with Resisting an Officer in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.