In Florida, resisting an officer with violence is a 3rd-degree felony. What does that mean for someone who is arrested for this crime? A conviction can result in fines and jail time. This article will explore the definition of resisting an officer with violence, the consequences of this crime, and how a criminal defense attorney can help.
What is Resisting With Violence?
Resisting an officer with violence falls under section 843.01 of the Florida Statutes. It states that it is a criminal act to resist, oppose, and obstruct a law enforcement officer through violent acts willfully and knowingly. This usually happens when you become involved in a dispute with an officer or when they are currently in the process of making an arrest.
There are many reasons why a person may engage in this type of criminal activity. It is possible that they are unaware that the person they are resisting is an officer. In some cases, they may be responding against brutality from that particular officer on duty. People can start acting violently when provoked or feeling threatened, which is an essential element in a criminal defense case.
When an officer gives a particular command, such as ordering you to leave an area, it would be best to follow their instructions. Any physical resistance you give them can be subject to violating the statute of resisting an officer with violence.
In Florida, resisting an officer without violence is a first-degree misdemeanor. It’s when you use or threaten to use violence against an officer that it becomes a third-degree felony. You could face up to 5 years in prison if you’re convicted.
When proving a crime in this case, there are specific elements that the prosecution must establish beyond a reasonable doubt. They are as follows:
- The defendant must have willfully and knowingly resisted, obstructed, or opposed the victim by acting violent towards them or threatening to do something violent to them.
- During that time, the victim was performing a legal duty or engaging in a legal process.
- At the time, the victim is an officer or person legally authorized to execute legal processes.
- At the time, the defendant is aware that the victim is an officer or person legally authorized to execute legal processes.
Who Are Considered Officers Under This Statute?
The term “officer” is not restricted solely to a police officer. There are a variety of professions that have the officer title attached to their discipline. Under this statute, you can be charged for resisting an officer with violence for any of the various professions.
These are the people that qualify as officers under the statute:
- Correctional officer
- Correctional probation officer
- An auxiliary law enforcement officer
- Auxiliary correctional officer
- County probation officer
- Law enforcement officer
- Parole and probation officer
- Representative of the Department of Law Enforcement
- A part-time law enforcement officer
- Part-time correctional officer
- Member of Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission
- Or any person that is legally authorized to execute a legal process in the lawful execution of any legal duty
Consequences Of Resisting With Violence
Resisting an officer with violence within the State of Florida is classified as a third-degree felony. If you’re convicted, you could face up to five years in prison or probation and an additional $5,000 fine.
Even if you have no criminal history, you can still be sentenced to prison under this statute. If the case does not involve any firearms or weapons, and the officer does not have any injury resulting from the altercation, your sentence can be reduced as low as 3 to 6 months in county jail. On the other hand, when there is an inflicted injury, the probability of going to prison increases rather than decreases.
Five years in prison is the maximum conceivable punishment allowed under this law. However, it is possible to convince the prosecution that there is not enough available evidence to proceed. You can also negotiate a misdemeanor disposition, file legal motions to dismiss or suppress the case, and probation.
Not all cases are the same, and it all depends on the facts of your case to determine how it will turn out. You should speak to a criminal defense attorney as soon as possible to learn what options are available.
How Can a Criminal Defense Attorney Help You in This Situation?
Criminal defense attorneys are responsible for investigating each case against their clients, researching the facts, and negotiating deals with the prosecutors. They may be able to get charges reduced, lower sentences, and get clients out on bail.
In addition, here are some other ways they can help your case:
- Formulate a plea
- Examine witnesses
- Assess potential sentences
- Gather evidence
- Question witnesses
- Analyze the prosecutor’s case
When you find an attorney who you trust, they will also help you with personalized services to suit your unique case. For example, they can provide an overview of the possibilities related to your particular situation and help you deal with the fears and frustrations of being entangled in the criminal justice system.
There are several ways in which your criminal defense attorney can contest a charge of Resisting an officer with violence in Florida:
- The defendant’s actions were not known and willful but were the outcome of the officer placing handcuffs and other forms of restraints on the person accused.
- The officer involved is not engaged in the execution of a legal duty.
- The officer involved used excessive force, and the defendant’s actions were only done to repel excessive force.
- The defendant is not aware that the person they resisted is a law enforcement officer.
- The defendant’s action is not considered violent within the meaning of the statute.
Get in Touch With an Attorney Today
If you have been charged with resisting an officer with violence, it is important to contact a criminal defense lawyer as soon as possible. These cases are harshly prosecuted throughout the State and have serious consequences if convicted. The sooner you talk to an attorney, the sooner they can work on your case and help to protect your rights while also making sure to get you the best possible result.
At Hanlon Law, our attorneys can help you or someone you know who’s been charged with resisting an officer. Contact our expert attorneys at Hanlon Law today for a free consultation.
Hanlon Law
210 N Pierce St
Tampa, FL 33602
(813) 228-7095
https://www.criminalattorneytampa.net
