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Articles Posted in Resisting Arrest

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Miami prosecutors may seek harsh punishments for convictions for fleeing and eluding. The harshest punishments are for fleeing and eluding that causes serious bodily injury. In a recent appellate case, a man appealed his convictions and 10-year sentence for fleeing or trying to elude causing serious bodily injury, abandoning the crash site involving serious bodily injury, leaving a crash site where property damage occurred, nonviolent resisting of an officer,  and driving on a suspended license. He specifically challenged a jury instruction (3.6(k)(6)).

The case arose when a police officer reportedly observed the defendant’s car hadn’t come to a total stop. An officer followed and turned on her siren and lights. Although the defendant pulled over, he didn’t stop and went back to driving. The officer chased. The defendant reportedly went 70 mph in a 25-mph zone. The defendant drove through five stop signs until he T-boned another car in an intersection and veered off-road, crashing into a restaurant.

After crashing, he ran away across the street and ran into a police car. He continued to run after being told to stop. He didn’t stop until he was tased. The driver of the car he’d struck fell into a coma, suffered traumatic brain injury and became disabled as a result of the crash.

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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 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.

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