Whether it occurred during a DUI 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 can lead to a serious mark on your criminal record.
Have you been arrested for a crime and charged with resisting arrest in Florida? Is so, then you should be advised that it is a serious crime which can result in very tough penalties. The best way to address criminal charges like resisting arrest is to seek the help of an experienced criminal attorney.
South Florida Criminal Attorney Evan A. Hoffman is prepared to take on your case. Mr. Hoffman can guide you through the process of dealing with your charges. As a former prosecutor, Evan A. Hoffman knows the ins and outs of the legal process, and what makes a defendant more likely to be prosecuted.
He is prepared to use this extensive knowledge to your advantage to help keep your record free and clear. If you were arrested on a separate offense were charged with resisting arrest, call The Hoffman Firm at (305) 249-0090 today for a free consultation. With these types of offenses, time is working against you. Act fast to get started on your case.
This firm serves clients in Miami-Dade County, Miami, North Miami, and surrounding areas.
- What qualifies as resisting arrest in Florida
- What are the legal penalties for resisting an arrest without violence
- What are the penalties for resisting arrest with violence
- Where can I find more information on resisting arrest
What qualifies as resisting arrest in Florida?
Florida code 843.02 describes resisting arrest as resisting, obstructing, or opposing any of the following individuals:
- An officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9);
- A member of the Parole Commission or any administrative aide or supervisor employed by the commission;
- A county probation officer; parole and probation supervisor;
- Personnel or representative of the Department of Law Enforcement; or
- Any other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.
Resisting arrest charges are separated into the following categories:
- Resisting Arrest Without Violence
- Resisting Arrest With Violence
Penalties for Resisting Officer without Violence
Resisting an officer without violence is classified as a first-degree misdemeanor in Florida. Those convicted as a first-time offender would be facing the following penalties:
- A maximum sentence of one (1) year in jail, and
- A minimum sentence of probation or a fine.
Penalties for Resisting Arrest with Violence
Resisting arrest with violence is defined in Florida code section 843.01 exactly the same as stated above in Florida code section 843.02 with the exception of the following:
“ Offering or doing violence to the person of such officer or legally authorized person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
Resisting an officer with violence is classified as a third-degree felony and is assigned a level 5 offense severity ranking under Florida’s Criminal Punishment Code. For those convicted of this offense, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison;
- Up to five (5) years of probation; or
- Up to $5,000 in fines.
All penalties for resisting arrest are given in addition to any and all penalties for the crime for which the person was originally being arrested if convicted, and can be given even if the person is not convicted of the original crime because the two are separate offenses.
More Information on Resisting Arrest in Florida
Florida Department of Law Enforcement- This law enforcement site offers the most recent data on crime trends and statistics in Florida.
Online Sunshine- Florida’s site provides the entire statute on resisting arrest.
As stated above, resisting arrest is a very serious charge and you would be wise to seek help from a skilled defense attorney like Evan Hoffman if you have been accused of resisting arrest. Don’t wait until you may have missed some opportunities of building a strong defense.
Give The Hoffman Firm a call today at (305) 249-0090 and see how they can get you started on a plan of action. They will be happy to arrange a free consultation for you. The Hoffman Firm offers these services to those in Miami, Palm Beach, Ft. Lauderdale, and surrounding regions.