Miami, Florida Resisting Arrest Attorney

Dedicated Lawyer for Charges of Resisting or Obstructing Law Enforcement in Miami

Whether it occurred during a DUI traffic stop or under some other circumstances, resisting arrest is inexcusable in the eyes of the law. This type of offense is taken seriously by law enforcement, and it can lead to a serious mark on your criminal record. If you were arrested for a crime and charged with resisting arrest in Florida, you could be facing tough penalties. The Miami resisting arrest lawyer at The Hoffman Firm can help you fight the charges and protect yourself from a conviction.

Call 305-249-0090 now or contact our firm online for a free consultation about how to proceed with your case.

What Qualifies as Resisting Arrest in Florida?

Florida code 843.02 describes resisting arrest as resisting, obstructing, or opposing any of the following individuals:

• A law enforcement or other arresting officer
• Personnel or representatives of the Department of Law Enforcement
• A member of the Parole Commission or any administrative aide or supervisor employed by the commission
• A county probation officer or parole and probation supervisor
• Any other person legally authorized to execute process while they are engaged in the execution of legal process or in the lawful execution of any legal duty

Penalties for Resisting an Officer Without Violence

Resisting an officer without using violence is classified as a first-degree misdemeanor under Florida law. A person convicted as a first-time offender would be facing penalties including:

• Up to a year in jail
• A minimum sentence of probation or a fine

Penalties for Resisting Arrest With Violence

Resisting arrest with violence is considered a third-degree felony, and it has been assigned a level 5 offense severity ranking under Florida's Criminal Punishment Code.

Those convicted of this offense may face penalties that could include:

• A prison sentence lasting up to 5 years
• Probation for up to five 5 years
• A maximum fine of $5,000

Because the two are separate offenses, penalties for resisting arrest may apply in addition to other criminal penalties for which the person was originally being arrested. A person could be convicted of resisting arrest even if they are not convicted of the original crime.

Contact Our Miami, FL Resisting Arrest Defense Lawyer

Resisting arrest is a very serious charge, and it is important to seek help from a skilled defense attorney like Evan Hoffman if you have been charged. Do not wait until you are facing a judge to begin building a strong defense. Call 305-249-0090 now or contact us online to meet with us during a free consultation.