Fort Lauderdale, FL Resisting Arrest Lawyer

Attorney for Charges Related to Resisting Police in Fort Lauderdale, Florida

Police officers are supposed to protect and serve the public, but interactions with police could put people at risk of harm in some situations, or officers may act in ways that violate people's rights. These interactions could lead to charges of resisting arrest. People may be arrested for resisting or obstructing a police officer even when the original reason for the interaction was relatively minor or when no other criminal offense is charged. These charges can carry serious penalties, especially when a person is accused of using violence or physical force against an officer.

The lawyer at The Hoffman Firm represents people facing charges of resisting arrest, obstructing law enforcement, and related offenses in Fort Lauderdale. He works to protect clients' rights while reviewing the actions taken by law enforcement officials and making sure the facts of a case are presented clearly. His goal is to resolve charges without a conviction and limit the long-term impact on a person's future.

What Is Resisting Arrest?

Florida law distinguishes between two types of resisting arrest: resisting without violence and resisting with violence. A person may be charged with resisting an officer without violence if they take any actions to resist or obstruct a police officer but do not use physical force or indicate that they intend to commit violence. This offense is a first-degree misdemeanor, which could lead to a maximum sentence of one year in jail.

Charges of resisting an officer with violence may be based on any form of physical force used to resist or obstruct a police officer. This offense is a third-degree felony, and a conviction could lead to a prison sentence lasting up to five years, as well as other penalties.

Examples of Situations That May Lead to Resisting Arrest Charges

The term "resisting arrest" can encompass a wide range of behaviors that may not seem violent or aggressive but may still be considered interference with a police officer's duties. Examples may include:

• Pulling away when an officer attempts to place someone in handcuffs
• Refusing to comply with an officer's verbal commands during an arrest
• Attempting to flee after being told to stop by a police officer
• Verbally arguing with or obstructing an officer while they are conducting an investigation
• Interfering with the arrest of another person
• Physically struggling or pushing away from an officer
• Blocking access to a crime scene or refusing to move when directed

In some cases, charges of resisting arrest may be based on a misunderstanding or a person's overreaction during a tense situation. Allegations of resisting arrest will often be based on the officer's account of what occurred, making it crucial to review body camera footage, witness statements, and all surrounding circumstances.

Defense Strategies Against Resisting Arrest Charges

Our attorney will evaluate charges of resisting arrest carefully to determine whether the actions of the accused actually violated the law or whether law enforcement officers acted improperly. There are several potential defenses that may be raised, depending on the facts of the case, including:

• Unlawful Arrest or Lack of Legal Authority: In many cases, the most effective defense strategy will involve showing that a police officer was not lawfully performing their duties at the time of the incident. If an arrest was not based on legal grounds, or if excessive force was used, charges of resisting arrest may be dismissed.
• Lack of Intent: Resisting arrest charges must be based on a willful act of opposition. If a person did not intentionally resist or was confused, startled, or acting in self-defense, our lawyer may challenge the prosecution's case and demonstrate that there was no intent to resist or obstruct an officer.
• No Threat or Use of Violence: In cases involving resisting arrest with violence, a prosecutor must show that a person used physical force or threats. If there was no actual violence, our attorney may take steps to have a felony charge reduced to a misdemeanor or to have the case dismissed entirely.
• Insufficient Evidence: Charges of resisting arrest may be based solely on the testimony of officers, without additional evidence that a person resisted or obstructed police. Our lawyer can scrutinize the evidence to uncover inconsistencies or contradictions that may weaken the prosecution's case.
• Violation of Constitutional Rights: If an arrest involved a lack of probable cause, a failure to advise the accused of their rights, or other constitutional violations, our attorney can take steps to suppress evidence and advocate for a dismissal of charges.

Contact Our Fort Lauderdale Resisting Arrest Attorney

When facing charges of resisting arrest, it is important to take action quickly to ensure that your rights are protected as you develop a defense strategy. Misdemeanor or felony charges can lead to serious penalties, but the attorney at The Hoffman Firm can help you take steps to mitigate the impact of these charges. Contact our Fort Lauderdale, FL resisting arrest defense lawyer at 954-524-4474 to set up a free consultation.