Resisting Arrest Defense Attorney in Jacksonville

What is Considered Resisting Arrest in Florida?

There are two types of resisting arrest charges in Florida: with and without violence. The core element of each is “resisting, obstructing or opposing” an officer. In this context, “officer” is defined more broadly than you might realize, and includes:

• Members of the Florida Commission on Offender Review and supervisors and administrative aides employed by the Commission
• County probation officers
• Parole and probation supervisors
• Personnel or representatives of the Department of Law Enforcement

Both statutes also include a catch-all that means you can be convicted of resisting arrest even if the officer doesn’t appear on this list. The law may apply to any person who is legally authorized to carry out a legal process and is in the process of doing so at the time of the incident.

Resisting Arrest With and Without Violence: What’s the Difference?

As you might assume, the difference between resisting arrest with violence and without is whether violence is involved. However, both “resisting” and “violence” have broader definitions under the law than they do in ordinary usage.

Resisting Arrest Without Violence

Resisting arrests without violence can mean nearly any type of interference with an officer who is carrying out official duties. No physical contact is required at all. For example, a person may be charged with resisting arrest without violence if they:

• Run when a police officer has ordered them to stop
• Refuse to put their hands behind their back to be handcuffed
• Refusing to get out of a vehicle when lawfully ordered to do so
• Warning others to run from police
• Providing false identifying information

In fact, failure to obey any lawful command may result in resisting charges, even if you never come in close contact with the officer.

Resisting Arrest With Violence

Resisting arrest with violence involves the same type of activities, but with a physical component or a threat of violence. Obvious examples of resisting with violence include:

• Striking or kicking an officer
• Pushing an officer
• Grabbing the officer’s weapon
• Threatening the officer with a weapon
• Using or attempting to use a weapon against the officer

However, many other actions that may not seem like violence can also be used to support this charge. Some examples include:

• Physically pulling away from an officer
• Physically resisting being handcuffed
• Threatening violence or making moves intended to convey such a threat

A person may also be charged with resisting arrest with violence if they use force against or threaten force against a police dog or police horse working with or at the direction of a legally authorized person.

What are the Penalties for Resisting Arrest?

The possible penalties for resisting arrest differ depending on whether the conviction is for resisting with or without violence.

Resisting arrest without violence is a misdemeanor of the first degree, meaning a possible jail sentence of up to one year and a fine of up to $1,000. The sentence may also include other elements, such as a term of probation, drug or alcohol evaluation and treatment, community service and restitution.

Resisting arrest with violence is a felony of the third degree. A person convicted of a felony of the third degree may face a prison sentence of up to five years and a fine of up to $5,000. The sentence may also include other elements as described above.

Like any penalty for a criminal conviction, the amount of jail time you face, the amount of the fine assessed and what other penalties you face will depend on a variety of factors such as:

• The exact circumstances of the incident and your arrest
• Whether you have a prior criminal history and the details of that history
• Whether anyone was injured or property was damaged during the incident

Having the right resisting arrest lawyer at your side can also make a difference. An experienced criminal defense lawyer may be able to identify weaknesses in your case that give you leverage to negotiate.

The prosecution has the burden of proving every element of the crime beyond a reasonable doubt. That’s a high bar. For example, the law regarding resisting arrest with violence requires that the defendant acted knowingly and willfully. But some actions that may look like resisting may be a reflexive response to some action the officer took.

When you hire Matthew Lufrano to represent you on a resisting arrest charge, he will thoroughly investigate your case to find any potential weaknesses in the state’s case. Depending on the circumstances and your priorities, he may use those cracks in the case to negotiate a favorable plea deal or to fight the charges against you in court.

To learn more about your options and how Lufrano Legal can help you fight resisting arrest charges, contact us today at (904) 513-3905.