Former prosecutor ensures your rights are protected
Millions of Americans are arrested by law enforcement every year. While most people understand that they should not resist, some individuals fight back for one reason or another — they are caught off guard, nervous, or scared. Law enforcement may also wrongfully accuse a suspect of resisting arrest or resisting arrest with violence. If you believe you have been unjustly charged with resisting arrest, Sando Law, P.A., is ready to take your case. As a former prosecutor, Attorney Sando knows all the tricks used by law enforcement and the DA. With his insider knowledge, Attorney Sando can protect your rights and help you build a strong defensive strategy.
What counts as resisting arrest in Florida?
In the State of Florida, resisting arrest is a crime in and of itself and may be brought against you in addition to other charges. UnderFlorida Statute 843.02, you may be charged with a first-degree misdemeanor if you resist arrest. If you are the accused of resisting arrest with violence, you may be charged with a felony crime. No matter if you are charged with a misdemeanor or felony resisting arrest crime, consulting an experienced criminal defense attorney can increase your chances of a positive outcome.
In Florida, the crime of resisting arrest involves obstructing or interfering with police while they are making a legal arrest. Shouting threats at an officer can be enough for a resisting arrest charge.
Here are some examples of resisting arrest behaviors:
- Refusing to leave an area or property when instructed to leave by law enforcement
- Physically resisting being handcuffed
- Making physical or verbal threats to a police officer
- Giving false information during an arrest or detention
- Running from or intentionally evading law enforcement while they are responding to a crime
- Acting as a “lookout” to protect another person from arrest while they are engaging in criminal behavior
- Disobeying verbal commands from an officer
- Any act of violence towards law enforcement officers during an arrest
If police attempt to detain or arrest you, the best thing you can do is remain calm, cooperate, and wait for your attorney. Resisting will only make things more difficult. Your lawyer can ensure your rights are protected and help you defend against charges you face.
Are there any situations where you can resist arrest?
Resisting arrest can compel an officer to use unnecessary force to subdue you or may result in further complications with your case. As a result, it is best to deal to with the situation with your attorney later. Technically, if you believe police are arresting you unlawfully, you may resist without violence. However, you should not resist arrest by law enforcement. Instead, ask if you are being detained and cooperate with the arrest. Then once you are booked, request to speak with your attorney. Your lawyer can review the police report, arrest record, and any other relevant information to determine if you were unlawfully arrested. If there is enough evidence to support your claim, your attorney can assist you in taking legal action.
What are the penalties for resisting arrest in Florida?
A resisting arrest conviction without violence is a first-degree misdemeanor offense punishable by fines and up to one year in jail. If you are charged with resisting arrest with violence, you could face up to five years in prison or five years of probation. Further, you may be required to pay up to $5,000 in fines.
Even a minor amount of violence can cause major legal repercussions, especially if you have a criminal history. In fact, many cases with no weapons or injury result in six months in jail. And if an injury is inflicted upon a victim, the court will seek the maximum sentence against you.
What should you do if you are charged with resisting arrest?
Fortunately, you can avoid further charges by following these steps when police attempt to arrest you:
- Politely ask why you are being detained or arrested
- Place your hands behind your back and state that you are not resisting
- Cooperate with the instructions of the arresting officers
- State that you wish to remain silent until your attorney arrives
- Do not answer any police questions until your lawyer is present
If police suspect that you have committed a crime, they are going to arrest you. Resisting will only result in further charges against you. You will have your chance to fight the charges and the arrest later with your attorney.
How can a skilled attorney help you contest resisting arrest charges?
As a former prosecutor, Attorney Sando is well-versed in the tactics that law enforcement and the state will use against you. After carefully reviewing your case, he can tailor a defense to protect your rights. Common defenses for resisting arrest in Florida include:
- You did not know the arresting officer was a member of law enforcement
- The police used unnecessary or excessive force to detain you
- There is simply not enough evidence to justify the claims of law enforcement
- You had no intention of interfering with the duty of police officers
Every resisting arrest case is different. An experienced attorney can mount a strategic defense after assessing your unique circumstances.
Contact a knowledgeable resisting arrest attorney in South Florida
Sando Law, P.A., is dedicated to defending Floridians accused of resisting arrest with or without violence. If you believe you have been unlawfully arrested, or need help defending against a resisting arrest charge, contact Attorney Sando by phone 561-296-1665 or contact Andrew online, for a free case review. Toll Free: 833-SANDO-4U
Serving Martin, Palm Beach, Broward, Miami-Dade, and Monroe counties.