Fort Lauderdale Criminal Defense Attorneys

DUI Charge?

Contact Us Now
Call Us Today!

(954) 715-6001

Resisting Arrest Aventura

Resisting Arrest Aventura

Resisting Arrest Aventura

When you hear the phrase ‘resisting arrest’ in Aventura, you might be likely to conjure up images of popular TV crime dramas. The alleged perpetrator is chased down by the cops and then handcuffed roughly over the hood of the arresting officer’s car. In reality, a person doesn’t need to be that dramatic to be resisting arrest.

Resisting arrest in Aventura: What types are there?

There are two types of resisting arrest in Aventura: resisting with violence and resisting without violence. Those who resist, obstruct, or oppose an officer of the law are breaking the law.

In many instances, the charge of resisting arrest without violence is an ‘add-on’ charge to go with other charges.

To prove resisting arrest in Aventura, four elements must be proven :

  • There must be actual resistance, opposition, or obstruction of the law enforcement officer through violent or non-violent means.
  • This officer must have been actively executing their duties as an officer of the law.
  • That officer needs to have been authorized to execute legal process.
  • The defendant was aware that the officer was authorized to execute the legal process. In knowing, the defendant knowingly opposed, resisted, or obstructed such officer.

What are the penalties for resisting arrest in Aventura?

The penalties for resisting arrest are dependent on whether the defendant was resisting with or without violence.

Resisting arrest with violence

This is classified as a third-degree felony, and can result in a $5,000 fine and 5 years in prison or probation. There is always a possibility of jail time when this charge is levied even if there was no significant harm to the officer.

What actions add ‘with violence’ to the charge?
  • Punching
  • Kicking
  • Knocking the officer to the ground
  • Biting
  • Use of weapons
  • Any other physical, violent act
Resisting arrest without violence

Resisting without violence is considered a first-degree misdemeanor. It can also bring jail time or probation, up to a year. There is also the possibility of a $1,000 fine. This is dependent upon the case itself.

Resisting arrest without violence includes:
  • Hiding evidence which is crucial to the conviction
  • Refusing to follow an officer’s commands during the course of the arrest
  • Presenting false information and identification at the time of the arrest
There are other types of officers of the law who are covered under resisting arrest in Aventura:
  • A correctional officer
  • A county probation officer
  • A member of the Parole Commission
  • Part-time law enforcement officers
  • Representatives of the Florida Department of Law Enforcement

Defending against a resisting arrest charge :

If you have been charged with resisting arrest, there are several defenses that an Aventura criminal defense lawyer can devise. Your attorney will look at everything involved in the case, focusing on each of the four elements for making a valid case.

  • Did the defendant resist arrest, or were they responding to excessive force by the officer?
  • Was the defendant aware that the arresting officer was an officer of the law?
  • Was the defendant aware of the reasons that he or she was being placed under arrest?
  • Was the defendant made aware that the officer of the law was authorized to carry out those duties?

The circumstances in your case will be unique, and the best time to get in contact with a criminal defense attorney is immediately after the situation has happened. The lawyer you choose will help you gather the evidence you need to defend yourself against the charges.

Call a criminal defense attorney in Aventura

If you have been arrested for resisting arrest in Aventura, call criminal defense lawyer Anthony Anise for your free and confidential consultation today. Anise utilizes an aggressive and comprehensive approach to help protect the rights of each client. Over the years, he has successfully represented many people accused of resisting arrest. Put yourself in the best position to succeed.

To schedule your free consultation, call the Law Offices of Anthony F. Anise P.L.L.C. at (905) 715-6001 today.

Contact Anthony F. Anise

Law is complicated matter. It can cause big problems if you ignore it. Let us help you!