What Happens If You Resist Arrest In Florida?
It is advisable when an officer makes an arrest that the individual being arrested does their best to remain calm and tries to comply with the officer’s commands. If the officer was acting unjustly, legal remedies could be taken after an arrest has been made that can render justice for those that are aggrieved. Being uncooperative with a police officer, whether or not they are being fair or not, can lead to more severe repercussions, including exacerbating one’s primary charges by adding onto them with resisting arrest charges.
If you were arrested and things got out of hand, you may face resisting arrest charges. There are serious repercussions that can come with a conviction of such charges, and the prosecution will forcefully attack to get a conviction with the maximum penalty possible. It is imperative in these situations to have legal counsel representing you and protecting you from the worst-case scenario. In Florida, the Orlando criminal defense attorneys at the Joshi Law Firm, PA, know how to provide a strategic legal defense to resisting arrest charges.
What Actions Can Lead to Resisting Arrest?
If an officer feels you are being obstructive to their efforts or interfering with their duties, you could be deemed to be resisting arrest. Under Florida obstruction of justice laws, your behavior can make it difficult for an officer to do their job. When this happens, you may be charged at the misdemeanor or felony level. The difference depends on how intense the interaction was and if physical violence occurred.
For example, if you hide certain pieces of evidence from law enforcement or evade them by fleeing a crime scene, these are examples of resisting arrest. However, if there is no violence, then the charges would be a first-degree misdemeanor. As a result, you could be jailed for as long as one year, and the fine may be assessed as high as $1,000.
On the other hand, if you strike an officer while resisting arrest or you make threats of harm to the officer, then your charges will elevate to a third-degree felony. The addition of violence or threats of violence makes this so. Here, fines can be as much as $5,000 with as long as five years of incarceration.
Individuals that are not permanent or naturalized citizens that resist arrest and are violent in doing so could mean deportation. In this scenario, the resisting arrest charges can be considered an aggravated felony that would warrant removal from the United States.
There are several different defense strategies for resisting arrest that can help you during your trial. For example, perhaps the police officer that arrested you did so unlawfully. Or, maybe there was insufficient evidence to prove that you were resisting arrest. Your attorney will investigate your case and determine what the best approach for your situation will be.
Speak to a Florida Criminal Defense Attorney Today
If you were arrested in Florida, you need the most competent and skilled legal counsel on your side to help you work through everything. Call the Florida criminal defense attorneys at the Joshi Law Firm, PA, today to schedule a free consultation where you can talk about your case and discuss the best way to defend yourself at (407) 661-1109.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0843/Sections/0843.02.html
