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Resisting Arrest and Its Consequences

Resisting arrest is a serious charge which requires a strong legal defense. Since the person was already being arrested for a crime separate from resisting the arrest itself, resisting becomes much more difficult to defend against than the original crime, and can also make the original crime more difficult to defend against.

Florida code 843.02 describes the resisting arrest as:

Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

And here are two categories for resisting arrest:

  1. Resisting arrest without violence
  2. Resisting arrest with violence 

Resisting an officer without violence is classified as a first-degree misdemeanor, and resisting an officer with violence is classified as a third-degree felony.

Both charges can result in stiff penalties ranging up to 5 years in prison. Every effort to defend oneself should be taken as early as possible.  Having the help of a criminal defender is highly important when facing serious criminal charges.

There may be mitigating circumstances that can help you fight charges of resisting arrest, such as not understanding that you were actually being placed under arrest, or that you thought the unnecessary and excessive force was being used against you.

Evan Hoffman is one of South Florida’s best known criminal attorneys who can help anyone facing criminal charges mount a strong defense. Mr. Hoffman can evaluate your case and determine whether there may be mitigating factors that can work in your favor.

If you are facing criminal charges, give him a call today for a free consultation at (305) 928-1669!

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