Defending You Against an Ocala Resisting Arrest Charge
Florida Law and the Charge of Resisting Arrest
The AP Law Group represents individuals in the state of Florida who have been charged with resisting arrest. We have over 55 years combined legal experience representing Floridians in criminal defense cases. Resisting arrest is a serious criminal charge with a potential for harsh legal consequences. According to Florida law, police officers are permitted to use deadly force to defend themselves and others against physical harm, including during an arrest.
Types of Charges for Resisting Arrest
There are two separate statutes for resisting arrest; the first being resisting arrest with violence, and the second being resisting arrest without violence. Resisting arrest with violence is a felony charge and is defined as using threats or acts of violence towards a police officer while carrying out his or her legal duty. A third-degree felony penalty is incarceration, not exceeding five years, and up to $5,000 in monetary fines. Resisting arrest without violence, which is obstruction of an arrest without threats or violence, is a misdemeanor charge and penalties can include incarceration up to one year, and up to $1000 in monetary fines. Even first-time offenders can be incarcerated if violent actions endangered the safety of the police officer or others, and there can be extended jail sentences for persons with lengthy criminal histories.
Proving the Charge
To convict a person on a resisting arrest charge, the prosecution must provide concrete evidence that proves the following elements:
- that the defendant resisted or obstructed the police officer
- the police officer was in the process of his legal duty
- the police officer was authorized to execute the process of the arrest
- the defendant was aware that the person was an officer carrying out his or her legal duty
There are a wide range of circumstances that can result in a resisting arrest charge that includes both verbal and non-verbal behaviors. A defendant can be prosecuted for resisting arrest for not obeying verbal commands, evading handcuffs, giving false or misleading information, concealing evidence, interfering with an active police investigation, verbal threats, physical violence, and many others.
The AP Law Group will Fight for your Future
A conviction for resisting arrest may result in a permanent criminal record, which can significantly impact a person’s future. The AP Law Group is an aggressive and experienced criminal defense law firm that can investigate the evidence and work towards clearing your name. We know that the perceptions of the events of an arrest are subject to the interpretation of those that were present at the time of the arrest. A court presentation by a skillful attorney can make a difference in getting the charges reduced or dismissed.
Speak to a Criminal Defense Attorney About a Resisting Arrest Charge
If you have been criminally charged with resisting arrest, contact The AP Law Group at (352) 732-9191 for a consultation to discuss the evidence and strategies to get your life and your future back on track. The AP Law Group will fight to secure the best possible outcome for our clients.